UC-NRLF 


XKW  MKXICO 
STATK  SCHOOL  OF  MIXES 

MISCELLANEOUS  SKRIKS 


BULLETIN  1. 


STATUTES 


MEXICO 


OF  THE 

UNITED  STATES,  ETC. 

BY  FAYETTE  A.  JONES 


SOCORRO, 


IVIEXICO 


ALBRIGHT  A  ANDERSON,  PRINTEM-BINDIRS,  ALBUQUBRQl 


EXCHANGE 


NEW  MEXICO 
STATE  SCHOOL  OF  MIXES 

MISCELLANEOUS  SERIES 


BULLETIN  1. 


MUST  IN  a    STATUTES 


ISTEW    MEXICO 


UNITED  STATES,  ETC. 


BY  FAYETTXC  A.  JONES 


CODIFICATION 


SOCORRO,  JsTE\V  MKXICO 


ALBrtlCHT  k  ANDERSON,  PRINTEMS- BINOEKS, 


Published  by  authority  of  the 
Board  of  Regents  of  the  New 
Mexico  State  School  of  Mines. 


LETTER  OF  TRANSMITTAL. 


Excellency: 
WILLIAM  C.  MCDONALD,  Governor, 

Santa  Fe,  Ne  Mexico. 
DEAR  SIB: 

On  behalf  of  the  Board  of  Regents  of  the  New  Mexico  State 
School  of  Mines,  I  have  the  honor  in  submitting  to  the  people  of 
the  State,  through  you  as  Governor,  a  codification  of  the  Mining 
Statutes  of  New  Mexico  and  of  the  United  States,  etc.,  which  I 
believe  will  be  of  value  to  those  interested  in  locating  and  ac- 
quiring title  to  mineral  lands  of  the  commonwealth,  and  for  oth- 
er purposes. 

With  greatest  esteem,  I  beg  to  remain, 

Yours  very  truly, 

FAYETTE  A.  JONES, 
President,  State  School  of  Mines. 
Socorro,  New  Mexico. 
March  7,  1916. 


340674 


PREFACE. 

The  development  of  the  mineral  resources  of  New  Mexico  is 
now  being  accelerated  at  a  rapid  rate,  due  to  the  high  prices  and 
demand  for  the  various  metals.  The  present  demand  is  due  to 
two  factors,  viz. : 

The  European  War,  and 

Our  own  internal  development. 

At  this  writing,  the  present  high  prices  will  likely  be  main- 
tained for  some  time  to  come — even  after  the  end  of  the  war  in 
Europe. 

Activity  in  every  phase  of  the  mining  industry  is  at  high  wat- 
er mark.  The  chemical,  mineralogical  and  metallurgical  labora- 
tories at  the  School  of  Mines  are  flooded  with  ores  and  enquiries, 
as  never  before  in  the  history  of  the  state.  Naturally,  increased 
burdens  have  fallen  upon  the  School  and  the  institution  is  seri- 
ously handicapped  for  additional  help  and  lack  of  funds  to  meet 
this  extraordinary  demand,  so  essential  in  the  development  of 
the  mineral  resources  of  the  state. 

Due  to  these  extraordinary  conditions  there  has  arisen  a  very 
great  demand  for  copies  of  the  State  Mining  Laws  and  of  the 
Revised  Mining  Statutes  of  the  United  States.  The  School  of 
Mines  being  the  only  official  State  Bureau  of  the  mining  indus- 
try, it  is  but  natural  that  the  School  be  called  upon  to  furnish 
copies  of  the  mining  laws  of  New  Mexico  and  of  the  United 
States. 

To  meet  this  demand  the  School  of  Mines  has  carefully  pre- 
pared this  codification  in  order  that  the  layman  may  know  better 
how  to  proceed  in  locating  and  acquiring  title  to  mineral  lands, 
and  otherwise  comply  with  the  State  and  Federal  regulations 
governing  the  various  phases  and  rights  in  mining. 

The  mining  sections  of  the  New  Mexico  Statutes,  herein  set 
forth,  conform  with  the  new  codification  of  1915.  The  arrange- 
ment of  the  Federal  laws  were  chiefly  fashioned  after  the  '  '  Unit- 
ed States  Mining  Statutes  Annotated"  from  the  two  volumes 
issued  under  the  supervision  of  Mr.  J.  W.  Thompson  of  the  U.  S. 
Bureau  of  Mines. 

FAYETTE  A.  JONES. 
Socorro,  New  Mexico. 

March  1,  1916. 


MINING  STATUTES 
OF  NEW  MEXICO 


MINING  STATUTES  OF  NEW  MEXICO 


MINES. 

Article 

I     Location — annual  labor — abandonment — Sections  3445  to  3462. 
II     Actions — contests — possessions — Sections  3463   to  3475. 

III  Records  of  mills  and  smelters — Sections  3476  to  3480. 

IV  Rights  of  way — Sections  3481  to  3489. 
V     Coal  Mines — Sections  3490  to  3513. 

VI     Miscellaneous — Sections  3514  to   3522. 

ARTICLE  I.     LOCATION — ANNUAL  LABOR — ABANDONMENT. 

Section 

3445  Location — marking — notice — recording. 

3446  Id. — recording — fees. 

3447  Location — discovery  shaft. 

3448  Id. — marking  boundaries. 

3449  Relocation — discovery  shaft. 

3450  Amended  location  notice. 

3451  Removing  location  notice  or  monument — penalty. 

3452  Id. 

3453  Annual  labor — lien  holder  may  perform. 

3454  Id. — obstruction. 

3455  Assessment  work  on  claim  in  litigation — how  done. 

3456  Assessment  work  on  claim  in  litigation — effect. 

3457  Proof  of  labor. 

3458  Abandonment. 

3459  Placer  claims — how  located. 

3460  Id.-; — location  notice — corner  posts. 

3461  Id. — location  notice  —  recording  —  discovery  —  prospecting 

for  oil  and  gas. 

3462  Id. — size. 

§3445.     LOCATION— MARKING — NOTICE— RECORDING. 

SECTION  1.  Any  person  or  persons  desiring  to  locate  a  min- 
ing claim  upon  a  vein  or  lode  of  quartz  or  other  rock  in  place 
bearing  gold,  silver,  cinnabar,  lead,  tin,  copper  or  other  valua- 
ble deposit,  must  distinctly  mark  the  location  on  the  ground  so 
that  its  boundaries  may  be  readily  traced,  and  post  in  some  con- 
spicuous place  on  such  location,  a  notice  in  writing  stating  there- 
on the  name  or  names  of  the  locator  or  locators,  his  or  their 
intention  to  locate  the  mining  claim,  giving  a  description  there- 
of by  reference  to  some  natural  object  or  permanent  monument 
as  will  identify  the  claims;  and  also  within  three  months  after 
posting  such  notice,  cause  to  be  recorded  a  copy  thereof  in  the 
office  of  the  clerk  of  the  county  in  which  the  notice  is  posted. 
And  provided,  no  other  record  of  such  notice  shall  be  necessary. 


• 

8  '    MmXNCf  STATUTES   OP   NEW    MEXICO 

§3446.      Id. — RECORDING — FEES. 

SEC.  2.  In  order  to  carry  out  the  intent  of  the  preceding  sec- 
tion, it  is  hereby  made  the  duty  of  the  county  clerk  of  the  several 
counties  of  this  State,  and  they  are  hereby  required  to  provide 
at  the  expense  of  their  respective  counties  such  book  or  books 
as  may  be  necessary  and  suitable  in  which  to  enter  the  record 
hereinbefore  provided  for.  The  fees  for  recording  such  notices 
shall  be  ten  cents  for  every  one  hundred  words. 

§3447.      LOCATION — DISCOVERY  SHAFT. 

SEC.  3.  That  the  locator  or  locators  of  any  mining  claim,  lo- 
cated after  this  act  shall  take  effect,  shall,  within  ninety  days 
from  the  date  of  taking  possession  of  the  same,  sink  a  discovery 
shaft  upon  such  claim,  to  a  depth  of  at  least  ten  feet  from  the 
lowest  part  of  the  rim  of  such  shaft  at  the  surface,  exposing 
mineral  in  place,  or  shall  drive  a  tunnel,  adit,  or  open  cut  upon 
such  claim,  to  at  least  ten  feet  below  the  surface,  exposing  min- 
eral in  place. 

§3448.      Id.— MARKING  BOUNDARIES. 

SEC.  4.  The  surface  boundaries  of  mining  claims  hereafter 
located  shall  be  marked  by  four  substantial  posts  or  monuments, 
one  at  each  corner  of  such  claim,  so  as  to  distinctly  mark  the 
claim  on  the  ground,  so  that  its  boundaries  can  be  readily  traced, 
and  shall  otherwise  conform  to  section  3445. 

§3449.     RELOCATION — DISCOVERY   SHAFT. 

SEC.  5.  The  relocation  of  any  mining  ground,  which  is  sub- 
ject to  relocation,  shall  be  made  in  the  same  way  as  an  original 
location  is  required  by  law  to  be  made,  except  the  relocator  may 
either  sink  a  new  shaft  upon  the  ground  relocated  to  the  depth 
of  at  least  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft 
at  the  surface,  exposing  mineral  in  place,  or  drive  a  new  tunnel, 
adit,  or  open  cut  upon  such  ground,  at  least  ten  feet  below  the 
surface,  exposing  mineral  in  place,  or  the  relocator  may  sink  the 
original  discovery  shaft  ten  feet  deeper  than  it  is  at  the  time 
of  relocation,  or  drive  the  original  tunnel,  adit,  or  open  cut  upon 
such  claim,  ten  feet  further. 

§3450.      AMENDED  LOCATION  NOTICE. 

SEC.  6.  If  at  any  time  the  owner  of  any  mining  claim  here- 
tofore or  hereafter  located,  or  his  assigns,  shall  apprehend  that 
the  original  notice  of  location  is  defective,  erroneous  or  the  re- 
quirement of  law  has  not  been  complied  with  before  filing;  or 


MINING   STATUTES   OP    NEW    MEXICO 

shall  be  desirous  of  changing  his  surface  boundaries  or  to  take 
in  any  part  of  an  overlapping  claim  which  has  been  abandoned, 
such  owner  may  file  in  the  office  where  notices  of  location  are  by 
law  required  to  be  filed,  an  amended  or  additional  notice  of  lo- 
cation, subject  to  the  provisions  of  this  article.  Provided,  That 
such  additional  or  amended  notice  of  location  does  not  inter- 
fere with  the  existing  rights  of  others  at  the  time  of  filing  such 
notice;  and  no  such  amended  or  additional  location,  or  record 
thereof,  shall  preclude  the  claimant  or  his  assigns  from  proving 
any  such  title  as  he  or  they  may  have  held  under  the  previous 
location 

§3451.      REMOVING  LOCATION  NOTICE  OR  MONUMENT — PEN- 
ALTY. 

SEC.  7.  Any  person  who  shall  take  down,  remove,  alter  or 
destroy  any  stake,  post,  monument  or  notice  of  location  upon 
any  mining  claim  without  the  consent  of  the  owner  or  owners 
thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction, shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 

§3452.      Id. 

SEC.  8.  Any  person  or  persons,  or  the  manager,  officer,  agent 
or  employe  of  any  person,  firm,  corporation  or  association,  who 
shall  in  any  manner  alter,  deface  or  change  the  location  notice 
of  any  mining  claim  in  this  State,  located  under  the  laws  of  the 
United  States  and  of  this  State,  or  any  local  regulations  in  force 
in  the  district  wherein  such  claim  is  situated,  thereby  in  any 
manner  affecting  the  rights  of  any  person,  firm  or  corporation, 
to  such  claim  or  location,  or  the  land  covered  thereby,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
before  any  court  of  competent  jurisdiction,  shall  be  fined  in  a 
sum  not  less  than  one  hundred  dollars,  nor  more  than  five  hun- 
dred dollars,  or  imprisonment  in  the  county  jail  for  not  less 
than  sixty  days,  nor  more  than  one  year,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court  trying  the  case. 
Nothing  herein  contained  shall  affect  the  rights  of  such  locator 
or  locators,  and  his  or  their  assigns,  to  correct  errors  in  such  no- 
tice and  file  amended  location  notices  as  provided  in  section 
3450,  and  the  laws  of  the  United  States:  Provided,  Such 
change  shall  not  affect  or  change  the  date  of  such  location  notice, 
or  affect  the  rights  of  any  other  person. 


JO  MINING   STATUTES   OF   NEW    MEXICO 

§3453.     ANNUAL  LABOR — LIEN  HOLDER  MAY  PERFORM. 

SBC.  9.  \Vhen  the  owner  or  owners  of  any  mining  claim  or 
claims  now  located  or  which  may  hereafter  be  located,  upon 
which  there  shall  exist  any  mortgage,  miner 's  or  mechanic 's  lien, 
or  other  encumbrance  of  any  kind  which  may  be  hereafter  made 
or  incurred,  shall  refuse,  neglect  or  fail,  up  to  the  nrst  day  of 
December  of  any  year,  to  perform  thereon  the  annual  labor  or 
make  thereon  the  annual  expenditure  required  by  law  to  be 
made  in  order  to  prevent  the  same  from  becoming  open  to  re- 
location, in  such  case  the  holder  or  owner  of  such  mortgage, 
lien  or  encumbrance,  may,  upon  the  first  day  of  December  of 
such  year  or  any  time  thereafter,  before  any  such  mining  claim 
or  claims  shall  have  been  relocated,  enter  with  his  or  their  work- 
men and  employes  upon  the  same  and  perform,  or  cause  to  be 
performed,  the  one  hundred  dollars'  worth  of  labor  or  make  the 
one  hundred  dollars'  worth  of  improvements  upon  such  claim 
or  claims  as  by  law  required  to  be  done  or  made  each  year  in 
order  to  prevent  such  claim  or  claims  from  becoming  open  to 
relocation ;  that  such  work  shall  be  done  and  improvements  made 
in  a  workmanlike  manner;  that  for  the  purpose  of  performing 
or  causing  to  be  performed  such  labor  and  improvements,  the 
holder  or  holders  of  such  mortgage,  miner's  or  mechanic's  lien, 
or  other  encumbrance,  shall  be  considered  the  agent  or  agents 
of  the  owner  or  owners  of  such  mining  claim  or  claims;  that 
the  owner  or  owners  of  such  mining  claim  or  claims,  or  any  oth- 
er person  or  persons,  shall  not  in  any  manner  prevent,  obstruct, 
hinder  or  delay  the  performance  of  any  labor  or  the  making  of 
such  improvements  and  may  be  restrained  from  so  doing  by  in- 
junction; that  upon  the  completion  of  the  one  hundred  dollars' 
worth  of  labor  or  improvements  by  the  holder  or  holders  of  any 
mortgage,  miner's  or  mechanic's  lien  or  other  encumbrance  as 
aforesaid,  upon  any  mining  claim,  as  herein  provided,  all  sum 
or  sums  of  money  expended  by  him  or  them  shall  be  and  become 
a  lien  upon  the  said  mining  claim  or  claims  and  from  the  date 
of  the  completion  of  the  same,  draw  the  same  rate  of  interest  as 
the  principal  sum  of  such  mortgage,  miner's  or  mechanic's  lien, 
or  other  encumbrance,  and  may  be  foreclosed  according  to  law. 

§3454.      Id. — OBSTRUCTING. 

SEC.  10.  Any  person  or  persons  who  shall  prevent,  obstruct, 
hinder  or  delay  the  performance  of  the  labor  or  the  making  of 
the  improvements  mentioned  in  the  last  preceding  section,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall 


MINING   STATUTES   OP   NEW   MEXICO  11 

be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  or 
over  five  hundred  dollars,  or  by  imprisonment  for  a  period  of 
not  less  than  six  months,  nor  more  than  one  year,  or  by  both 
fine  and  imprisonment. 

§3455.      ASSESSMENT  WORK  ON  CLAIM  IN  LITIGATION— HOW 
DONE. 

SEC.  11.  Hereafter  in  any  suit  or  action  pending  in  any  of 
the  courts  of  this  State,  involving  the  right  to  the  possession  or 
title  of  any  lode  or  placer  mining  claim  located  under  the  mining 
laws>  and  upon  which  it  is  necessary  to  do  the  annual  assess- 
ment work  to  prevent  the  same  from  becoming  forfeited  and  sub- 
ject to  relocation,  the  party  or  parties  to  any  such  suit  out  of 
possession,  under  petition  to  the  court  in  which  suit  or  action  is 
pending,  showing  that  such  annual  assessment  work  has  not 
been  done  on  or  before  the  first  day  of  November  in  the  year 
during  which  such  work  is  required  to  be  done,  shall  be  entitled 
to  an  order  as  of  course  in  such  suit  or  action,  permitting  such 
party  or  parties  to  enter  in  and  upon  such  mine  or  mining 
claims,  with  their  agents  and  laborers,  and  to  do  and  perform 
such  annual  assessment  work  to  prevent  the  said  mining  claim 
or  claims,  from  becoming  subject  to  relocation ;  Provided,  That 
in  the  doing  of  such  work,  no  ore  shall  be  removed  from  the 
boundaries  of  such  mining  claim. 

§3456.      ASSESSMENT  WORK  ON  CLAIM  IN  LITIGATION— EF- 
FECT. 

SEC.  12.  Upon  the  doing  of  any  assessment  work,  as  provid- 
ed in  section  3455,  the  said  mining  claim  or  claims  shall  not  be 
subject  to  re-location  for  failure  to  do  the  annual  assessment 
work,  as  against  any  of  the  parties  to  such  suit  or  action. 

§3457.     PROOF  OF  LABOR. 

SEC.  13.  The  owner  or  owners  of  any  unpatented  mining 
claim  in  this  State,  located  under  the  laws  of  the  United  States, 
shall  within  sixty  days  from  and  after  the  time  within  which  the 
assessment  work  required  by  law  to  be  done  upon  such  claim 
should  have  been  done  and  performed,  cause  to  be  filed  with  the 
clerk  of  the  county  in  which  such  mining  claim  is  situated,  an 
affidavit  setting  forth  the  time  when  such  work  was  done,  and 
the  amount,  character  and  actual  cost  thereof,  together  with  the 
name  or  names  of  the  person  or  persons  who  performed  such 
work;  and  such  affidavit,  when  made  and  filed  as  herein  provid- 
ed, shall  be  prima  facie  evidence  of  the  facts  therein  stated. 


12  MINING  STATUTES   OF   NEW   MEXICO 

The  failure  to  make  and  file  such  affidavit  as  herein  provided 
shall,  in  any  contest,^  suit  or  proceedings  touching  the  title  to 
such  claim,  throw  the  burden  of  proof  upon  the  owner  or  own- 
ers of  such  claim  to  show  that  such  wort  has  been  done  accord- 
ing to  law. 

§3458.      ABANDONMENT. 

SEC.  14.  In  addition  to  the  provision  of  law  now  in  force  in 
respect  to  the  abandonment  of  mining  claims,  they  may  be 
abandoned  in  the  following  manner:  The  owner  or  owners  of 
any  mining  claim,  wishing  to  abandon  the  same,  may  sign  and 
acknowledge  in  the  same  manner  provided  by  law  for  the  ac- 
knowledgment of  deeds,  and  file  for  record  in  the  office  of  the 
county  clerk,  a  certificate  describing  the  same,  stating  when  and 
by  whom  located,  the  name  of  the  claim,  the  book  and  page 
where  the  notice  of  location  of  such  claim  is  recorded;  that  he 
or  they  give  up  and  abandon  such  claim,  and  that  the  same  is 
open  and  subject  to  relocation.  Upon  the  filing  of  such  certi- 
ficate, the  mining  claim  therein  described  shall  be  considered 
abandoned  and  open  to  relocation  as  if  the  same  had  never  been 
located,  and  the  owner  or  owners  thereof  forever  estopped  from 
claiming  any  right  or  interest  therein  under  the  location  men- 
tioned in  said  certificate:  Provided,  That  this  provision  for 
abandonment  shall  not  apply  to  any  claim  or  location  upon 
which  any  mortgage,  lien  or  other  encumbrance  exists. 

§3459.      PLACER  CLAIMS — HOW  LOCATED. 

SEC.  15.  All  public  lands  in  the  State  of  New  Mexico  chiefly 
valuable  for  the  deposits  of  gypsum,  fire-clay,  petroleum  oil,  nat- 
ural gas,  alluvial  deposits  of  gold,  and  all  other  material  rec- 
ognized by  the  laws  of  the  United  States  as  placer  material  may 
be  located  as  placer  mining  claims  as  hereinafter  provided. 

§3460.      Id. — LOCATION  NOTICE — CORNER  POSTS. 

SEC.  16.  The  locator  or  locators  shall,  at  the  time  of  making 
location  of  any  placer  mining  claim,  cause  a  notice  of  such  loca- 
tion to  be  placed  at  a  designate^  corner  of  the  claim  so  located, 
stating  the  name  of  the  claim,  the  purpose  and  the  kind  of  ma- 
terial for  which  such  claim  is  located,  the  name  or  names  of  the 
persons  locating  same ;  and,  if  located  upon  surveyed  lands,  such 
notice  shall  contain  a  description  of  such  claim  by  its  legal  sub- 
division; if  upon  unsurveyed  lands,  such  notice  shall  contain  a 
description  of  such  claim  by  metes  and  bounds,  with  reference  to 
some  known  object  or  monument.  And  whether  upon  surveyed 


MINING   STATUTES   OP   NEW    MEXICO  13 

or  unsurveyed  lands  each  corner  of  such  claim  shall  be  marked 
by  a  wooden  post  at  least  fqiir  feet  high,  securely  set  in  the 
ground,  or  by  a  substantial  stone  monument. 

§3461.      Id.— LOCATION    NOTICE— RECORDING— DISCOVERY- 
PROSPECTING  FOR  OIL  AND  GAS. 

SEC.  17.  A  duplicate  of  such  location  notice  shall  be  filed  and 
recorded  in  the  office  of  the  county  clerk  of  the  county  wherein 
the  land  located  is  situate,  within  ninety  days  after  such  loca- 
tion is  made  and  such  notice  placed  on  the  claim  as  aforesaid; 
and,  prior  to  filing  said  notice,  the  locator  or  locators  must  have 
,a  bona  fide  discovery  of  the  mineral  or  material  claimed  in  said 
notice  or  said  location  will  be  void  and  subject  to  re-location  by 
another  person  or  persons:  Provided,  however,  That  in  cases 
where  lands  have  been  located  for  petroleum  oil  or  natural  gas, 
the  locator  or  locators  shall  have  the  time  from  the  date  of  the 
location  to  the  end  of  the  calendar  year  succeeding  that  in  which 
the  location  is  made,  to  make  a  discovery  of  petroleum  oil  or 
gas;  Provided,  further,  That  when  lands  have  been  located  for 
petroleum  oil  or  natural  gas,  or  both,  the  locator  or  locators 
thereof  shall  have  the  right  to  the  exclusive  possession  .and  oc- 
cupancy of  the  lands  embraced  in  said  location  for  the  purpose 
of  prospecting  for  petroleum  oil  or  natural  gas,  during  the  per- 
iod of  time  provided  in  this  section  for  making  discovery  of  pe- 
troleum oil  or  natural  gas  or  both. 

§3462.      Id.— SIZE. 

SEC.  18.  The  size  of  the  claim  or  claims  to  be  located  under 
section  3459  to  3461,  and  the  amount  of  annual  assessment  work 
to  be  done  thereon  in  order  to  hold  possession  of  and  secure 
patent  to  the  same,  shall  be  the  same  as  provided  by  Revised 
Statutes  of  the  United  States. 


ARTICLE  II.      ACTIONS — CONTESTS — POSSESSION. 

Section 

3463  Ejectment  for  recovery  of  mining  claims. 

3464  Contested  claims — ejectment — possession  immaterial. 

3465  Id. — special  verdict  of  findings — effect  of  pendency  of  suit. 

3466  Id. — working  mine  during  pendency — waste. 

3467  Id. — measurements  and  surveys — right  of  entry. 

3468  Id. — who  may  enter. 

3469  Id. — notice  of  desire  to  enter. 

3470  Id. — refusing  entry  effect — remedy. 
S471  Id. — admissibility  of  evidence. 

3472  Right  of  entry  by  stockholder. 

3473  Id. — penalty  for  refusal. 


14  MINING   STATUTES   OP   NEW   MEXICO 

3474  Id. — who  are  stockholders. 

3475  Persons  in  possession — injunctions  against  trespass. 


§3463.     EJECTMENT  FOB  RECOVERY  OF  MINING  CLAIMS, 

SEC.  20.  An  action  of  ejectment  will  lie  for  the  recovery  of 
the  possession  of  a  mining  claim,  as  well  as  also  of  any  real  es- 
tate, where  the  party  suing  has  been  wrongfully  ousted  from  the 
possession  thereof,  and  the  possession  wrongfully  detained. 

§3464.     CONTESTED  CLAIMS — EJECTMENT  —  POSSESSION  IM- 
MATERIAL. 

SEC.  21.  That  when  an  application  is  made  for  a  patent  to  a 
mine  or  mining  claim  under  the  laws  of  the  United  States  by 
any  person  or  persons,  company  or  corporation  claiming  to  own 
or  have  an  interest  therein,  and  such  application  is  contested 
by  any  other  person,  persons,  company  or  corporation  in  the 
Land  Office  of  the  United  States,  such  person,  persons,  compa- 
ny or  corporation  may  bring  a  suit  of  ejectment  in  the  district 
court  of  the  county  in  which  the  mine  or  mining  claim  is  sit- 
uated, for  the  recovery  of  the  same,  whether  in  or  out  of  pos- 
session of  such  mine  or  claim,  and  the  question  as  to  who  was  in 
possession  of  the  mine  or  claim  at  the  time  when  the  application 
was  made  for  patent,  or  when  the  suit  was  begun,  shall  not  be 
considered  by  the  court,  except  as  it  may  be  necessary  in  deter- 
mining the  interests  of  the  respective  claimants,  and  their  right 
to  the  possession  of  the  mine  or  claim  at  the  time  when  the  ap- 
plication was  made  for  patent,  or  when  the  suit  was  begun,  shall 
not  be  considered  by  the  court,  except  as  it  may  be  necessary  in 
determining  the  interests  of  the  respective  claimants,  and  their 
right  to  the  possession  of  said  mine  or  claim. 

§3465.     Id.  —  SPECIAL  VERDICT  OR  FINDINGS  —  EFFECT  OF 
PENDENCY  OF  SUIT. 

SEC.  22.  The  court,  in  an  action  for  the  recovery  of  a  mine  or 
mining  claim  where  a  patent  is  applied  for,  and  the  contest  is 
pending  in  the  land  office  of  the  United  States,  may,  upon  mo- 
tion of  either  party  to  the  suit,  require  the  jury  to  return  a  spec- 
ial verdict,  if  tried  by  a  jury ;  if  not,  then  by  a  judge  trying  the 
same  shall  make  a  special  finding  as  to  the  particular  interest 
each  party  owns  in  the  mine  or  claim  in  dispute,  under  and  by 
virtue  of  the  mining  laws  of  the  United  States,  which  special 
verdict  or  finding  shall  be  entered  into  the  judgment  and  upon 


MINING  STATUTES  OP   NEW   MEXICO  15 

the  record  of  the  court  trying  the  same:  Provided,  however, 
There  shall  be  no  special  verdict  by  the  court  or  jury,  except 
where  the  evidence  shows  both  parties  to  the  suit  to  have  a  bona 
fide  interest  in  the  mine  or  claim  sued  for:  And,  provided 
further,  That  no  third  person  who  may  have  entered  upon  such 
mining  claim  or  any  part  thereof,  for  the  purpose  of  locating 
or  claiming  the  same  before  or  during  such  litigation  in  the  dis- 
trict court  growing  out  of  any  contest  in  any  United  States 
land  office  in  this  state,  shall  acquire  any  interest  either  at  law 
or  in  equity  in  the  claim  or  any  part  thereof  in  dispute,  and 
shall  be  deemed  and  declared  a  trespasser  or  trespassers,  unless 
he  or  they  have  been,  or  may,  during  the  pendency  of  such  liti- 
gation in  the  district  court  resulting  from  such  contest  in  the 
United  States  land  office,  by  a  proper  application  to  the  court, 
be  made  party  or  parties  to  such  suit  adverse  to  either  of  such 
litigants,  or  both,  or  shall  have  taken  such  legal  steps  to  assert 
his  or  their  claim  in  a  court  of  competent  jurisdiction  within 
six  months  after  the  commencement  of  such  contest  in  the  United 
States  land  office. 

§3466.     Id.— WORKING  MINE  DURING  PENDENCY— WASTE. 

SEC.  23.  That  nothing  in  the  two  preceding  sections  shall 
prohibit  the  working  and  development  of  a  mine  or  mining  claim 
by  either  party  in  interest  who  may  be  in  possession  of  the  mine 
or  claim  during  the  pendency  of  the  suit,  nor  prohibit  any  one 
from  bringing  action  for  damages,  or  a  suit  in  equity  to  prevent 
waste. 

§3467.     Id. — MEASUREMENTS  AND  SURVEYS — RIGHT  OP  EN- 
TRY. 

SEC.  24.  In  all  actions  at  law,  or  suits  in  equity,  in  any  of 
the  district  courts  of  this  state,  wherein  the  title  or  right  of 
possession  to  any  mining  claim,  or  ores  and  minerals  is  in  dis- 
pute, any  party  to  such  action  or  suit  shall  have  the  right  to  go 
upon  or  enter  the  workings  of  said  mining  claim  for  the  pur- 
pose of  measuring  or  surveying  the  same,  either  upon  the  sur- 
face or  in  the  workings  thereof,  peaceably,  and  without  molesta- 
tion; the  costs  and  expenses  of  such  measurement  or  survey  to 
be  paid  by  the  party  for  whose  use  and  benefit  the  same  was 
done. 

§3468.     Id.— WHO  MAY  ENTER. 

SEC.  25.     The  right  to  go  upon  and  enter  said  mining  claim 


16  MINING   STATUTES   OF   NEW    MEXICO 

shall  be  extended  to  the  party  applying  therefor,  as  well  as  a 
surveyor  and  two  chain  carriers. 

§3469.     Id.— NOTICE  OP  DESIRE  TO  ENTER. 

SEC.  26.  Before  any  person  may  enter  upon  or  go  into  the 
workings  of  such  mine  without  the  consent  of  the  person  or 
corporation  in  possession,  he  shall  give  not  less  than  five  days' 
notice  in  writing  to  such  person  in  possession,  or  to  his  agent  or 
manager,  and  if  the  possession  is  held  by  a  corporation,  said  no- 
tice shall  be  served  upon  the  president,  agent  or  manager  of  such 
corporation,  or  upon  the  foreman  in  charge  of  the  mine,  that  at 
a  certain  date,  specified  in  said  notice,  he  desires  to  enter  upon 
or  go  into  the  workings  of  said  mine,  as  the  case  may  be,  for  the 
purpose  of  surveying  and  taking  a  measurement  of  the  same, 
in  order  that  he  may  be  able  to  present  the  facts  on  the  trial. 

§3470.     Id.— REFUSING  ENTRY— EFFECT— REMEDY. 

SEC.  27.  If  such  person  or  corporation  shall  not  permit  any 
party  in  interest  in  such  suit  or  action,  to  go  upon  or  enter  said 
mine,  as  contemplated  in  the  preceding  sections,  after  having 
been  notified  in  the  manner  designated,  the  court  may,  upon 
proper  showing,  verified  by  affidavit,  or  otherwise,  exclude  all 
evidence  offered  on  the  trial  by  the  party  so  refusing,  or  render 
judgment  or  decree  in  favor  of  the  party  giving  such  notice: 
Provided,  That  the  court  may,  in  its  discretion,  make  an  order 
directing  the  sheriff  to  go  upon  the  ground  with  the  party  ap- 
plying for  the  measurement  and  survey  of  such  mine,  and  place 
the  person  so  applying  in  possession,  for  the  purpose  of  measur- 
ing -and  surveying  the  same,  in  which  case  the  court  may  direct 
the  payment  of  costs  as  may  be  just  and  proper. 

§3471.     Id.— ADMISSIBILITY  OF  EVIDENCE. 

SEC.  28.  The  competency,  relevancy  and  effect  of  such  sur- 
vey and  measurement,  as  evidence,  shall  be  governed  by  the  or- 
dinary rules  of  evidence  in  civil  cases. 

§3472.     RIGHT  OF  ENTRY  BY  STOCKHOLDER. 

SEC.  29.  Any  person  owning  stock  in  any  corporation  or 
company  owning  or  operating  mines  in  this  State,  shall  at  any 
time  during  the  business  hours  of  the  day,  have  the  right  to 
enter  in  and  upon  any  and  all  mines  of  such  corporation  or 
company,  and  all  underground  workings  connected  therewith 
for  the  purpose  of  examining  the  same. 


MINING   STATUTES   OP   NEW   MEXICO  17 

§3473.     Id.— PENALTY  FOB  REFUSAL. 

SEC.  30.  Every  corporation  or  company  or  officer  or  agent 
of  such  corporation  or  company  who  shall  refuse  to  allow  upon 
demand,  any  person  owning  stock  in  such  corporation  or  com- 
pany, to  enter  such  mines,  as  in  the  preceding  section  provided, 
shall  be  guilty  of  a  misdemeanor,  and  the  corporation  or  com- 
pany shall  forfeit  and  pay  to  the  party  injured  a  penalty  of  one 
hundred  dollars  for  every  such  refusal,  and  all  damages  result- 
ing therefrom. 

§3474.      Id.— WHO  ABE  STOCKHOLDEBS. 

SEC.  31.  The  words  "any  person  owning  stock"  as  used  in 
the  preceding  sections  shall  be  taken  and  considered  to  mean 
stockholders,  whose  names  appear  on  the  stockbook  of  the  com- 
pany as  owners  of  stock,  and  none  others. 

§3475.     PEBSONS    IN    POSSESSION— INJUNCTIONS    AGAINST— 
TBESPASS. 

SEC.  32.  When  any  person,  firm  or  corporation  shall  be  law- 
fully and  peaceably  in  possession  of  any  mining  claim  in  this 
State,  and  shall  have  complied  with  all  the  requirements  of  law 
and  regulations  in  force  in  the  district  in  which  said  mining 
claim  is  situated,  such  persons,  firm  or  corporation  shall  be 
deemed  to  be  the  rightful  possessor  of  such  mining  claim,  and  of 
the  land  included  therein ;  and  any  person  or  the  officer,  agent 
or  employe  of  any  corporation  who  shall  by  force,  intimidation, 
fraud  or  stealth,  or  in  the  temporary  absence  of  the  rightful 
possessor  enter  upon  such  mining  claim  with  intent  to  hold  the 
same,  or  any  part  thereof,  against  the  rightful  possessor  shall 
be  considered  a  trespasser,  and  the  judge  of  the  district  court 
for  the  district  in  which  such  claim  is  situated  shall,  upon  the 
proper  showing  of  such  facts  made  by  affidavit  or  by  oral  testi- 
mony upon  a  hearing  ordered  for  that  purpose,  and  upon  the 
filing  with  the  clerk  of  said  district  court  of  a  good  and  suffi- 
cient bond,  grant  an  order  to  show  cause  why  a  writ  of  injunc- 
tion should  not  issue,  enjoining  and  restraining  such  trespasser, 
his  servants,  agents  and  employes,  and  any  person  associated 
with  him,  from  in  any  manner  interfering  with  the  rightful 
possessor  in  the  possession  of  such  claim  until  the  final  disposi- 
tion of  such  cause. 

ABTICLE  III.     BECOBD  OF  MILLS  AND  SMELTERS. 

Section 

3476     Ore  purchases  and  receipts — records  to  be  kept. 


18  MINING  STATUTES  OP   NEW   MEXICO 

3477  Id. — inspection. 

3478  id. — failure  to  keep  book — liability. 

3479  Id. — improperly  keeping  record. 

3480  Purchasing  stolen  ore. 

§3476.      ORE    PURCHASES    AND   RECEIPTS  —  RECORD    TO    BE 
KEPT. 

S™11  33.  That  every  person,  association  or  corporation  that 
sji&ll  •-•-  engaged  in  the  business  of  milling,  sampling,  concen- 
trating, reducing,  shipping  or  purchasing  ores  in  the  State  of 
New  Mexico,  shall  keep  and  preserve  a  book  in  which  shall  be 
entered  at  the  time  of  the  delivery  of  each  lot  of  ore : 

First.  The  name  of  the  party  on  whose  behalf  such  ore  is 
delivered,  as  stated. 

Second.  The  name  of  the  teamster,  packer  or  other  persons 
actually  delivering  such  <^re,  and  the  name  of  the  owner  of  the 
team  or  pack  train  delivering  such  ore. 

Third.     The  weight  or  amount  of  each  lot  of  ore. 

Fourth.  The  name  and  location  of  the  mine  or  claim  from 
which  it  shall  be  stated  that  the  same  has  been  mined  or  procured. 

Fifth.  The  date  of  delivery  of  any  and  all  lots  or  parcels 
of  ore. 

§3477.     Id. — INSPECTION. 

SEC.  34.  Whenever  affidavit  shall  have  been  made  before 
any  justice  of  the  peace  or  notary  public  in  any  county  in  this 
state  by  any  person,  that  ore  has  been  stolen  from  him,  stating 
as  near  as  may  be  the  amount  and  value  of  the  ore  stolen,  such 
person  upon  presentation  of  a  certified  copy  of  such  affidavit 
shall  have  access  to  such  books,  and  may  examine  the  entries 
which  may  have  been  made  therein  during  a  period  of  twelve 
months  next  preceding  the  filing  of  such  affidavit. 

§3478.     Id.— -FAILURE  TO  KEEP  BOOK— LIABILITY. 

SEC.  35.  Every  person,  association  or  corporation  that  shall 
fail  or  refuse  to  keep  the  book  required  by  the  terms  of  section 
3476,  or  shall  fail  or  refuse  to  make  any  proper  ent^y  therein,  or 
who  shall  refuse  to  any  person  who  may  be  entitled  to  the  same, 
as  provided  by  the  preceding  section,  the  right  of  inspection 
thereof,  shall  forfeit  and  pay  for  each  and  every  violation  of 
the  provisions  of  said  section,  a  penalty  of  not  less  than  fifty,  nor 
more  than  three  hundred  dollars,  to  be  collected  by  action  of  debt 
at  the  suit  of  any  person  who  may  have  made  the  necessary  affi- 
davit provided  for  in  the  preceding  section,  to  entitle  such  per- 


MINING  STATUTES  OP   NEW   MEXICO  19 

son  to  access  to  such  books.  In  addition  to  said  penalty,  any 
person,  association  or  corporation  violating  the  provisions  of  the 
said  section  shall  be  liable  at  the  suit  of  the  party  or  person 
aggrieved,  in  the  proper  form  of  action,  for  all  damages  which 
may  accrue  to  any  party  or  person  by  reason  of  any  such  viola- 
tion. And  in  all  actions  the  fact  that  a  false  entry  has  been 
made  shall  be  prima  facie  evidence  that  the  same  was  made 
wilfully  or  knowingly. 

§3479.      Id. — IMPROPERLY  KEEPING  RECORD. 

SEC.  36.  If  any  person,  association  or  corporation  shall  fail 
or  neglect  to  make  the  inquiries  necessary  to  the  making  of  the 
proper  entries  in  said  book  as  provided  by  section  3476,  or  shall 
so  negligently  make  entries  therein  that  any  lot  of  ore  cannot 
be  particularly  identified,  or  so  negligently  that  it  cannot  be 
perceived  therefrom  what  person  delivered  any  lot  of  ore  or 
received  the  proceeds  of  the  same  when  purchased,  or  shall  fail 
to  keep  such  book  or  shall  willfully  suffer  the  same  to  be  lost  or 
mislaid,  so  that  the  same  cannot  be  produced  for  inspection,  such 
failure  or  neglect  shall  not  excuse  any  party  defendant  in  any 
suit  brought  under  the  preceding  section  from  judgment  for  any 
penalties  prescribed  by  said  section. 

§3480.     PURCHASING  STOLEN  ORE. 

SEC.  37.  Any  person,  association  or  corporation,  or  the  agent 
of  any  person,  association  or  corporation  who  shall  knowingly 
purchase  or  contract  to  purchase,  or  shall  make  any  payment  for 
or  on  account  of  any  ore  which  shall  have  been  taken  from  any 
mine  or  claim,  by  any  person  or  persons  who-  have  taken  or  may 
be  holding  possession  of  any  such  mine  or  claim  contrary  to 
law,  shall  bo  considered  as  accessory  after  the  fact  to  the  unlaw- 
ful holding  or  takmg  of  such  mine  or  claim,  and  upon  convic- 
tion shall  be  subjfrlvd  to  the  same  punishment  to  which  the  prin- 
cipals may  be  liable. 

ARTICLE  IV.      RIGHTS  OF  WAY. 

Section 

34 SI  Right  of  way  for  tramway  or  railway — eminent  domain. 

3482  Id. — Notice  of  application. 

3483  Id. — application. 

3484  Id. — comrcisp'onprs — ciuaHfi options  and  oath. 

3485  Id. — commissioners — per  diem  and  mileage. 

3486  Id. — assessment  of  <*«iT"ppes — hearing — order  of  court. 

3487  Id. — ore  on  right  of  way. 

3488  Id. — interference  with  shafts  or  tunnels. 

3489  Id. — procedure. 


20  MINING  STATUTES  OP   NEW   MEXICO 

§3481.     BIGHT  OF  WAY  FOB  TBAMWAY  OB  BAILWAY— EMI- 
NENT  DOMAIN. 

SEC.  38.  That  any  mine  owner  or  mine  owners  or  any  mining 
corporation,  for  the  purpose  of  transporting  ores  to  a  mill  or 
reduction  works  of  any  sort  for  the  reduction  of  ores,  shall  have 
a  right  of  way  for  a  tramway  or  railway  across  lands  of  other 
persons  by  condemnation  and  payment  of  damages. 

§8482.     Id.— NOTICE  OF  APPLICATION. 

SEC.  39.  In  order  to  acquire  said  right  of  way,  the  applicant 
or  applicants  shall  give  ten  days'  notice  in  writing,  to  be  served 
by  a  sheriff  or  constable,  to  each  person  owning  or  having  any 
claim  upon  the  lands  to  be  crossed  by  the  tramway  or  railway, 
that  the  applicant  will  file  before  the  judge  of  the  district  court 
of  said  county  wherein  the  land  lies,  an  application  to  condemn 
a  right  of  way  over  such  persons'  lands. 

§3483.     Id. — APPLICATION. 

SEC.  40.  The  application  shall  set  out  the  full  name  or  title 
of  the  applicant  or  applicants  and  describe  the  locafion  of  the 
mine  or  mines  he  or  they  are  operating  or  intend  to  operate,  and 
a  description  as  near  as  possible  of  the  lands  to  be  crossed  by  said 
tramway  or  railway,  and  said  application  shall  be  accompanied 
by  a  plat  showing  the  location  and  position  of  said  mine  or  mines 
and  the  lands  over  which  said  tramway  or  railway  shall  run 
and  the  course  and  width  of  the  ground  necessary  to  be  con- 
demned and  the  facts  showing  the  necessity  for  such  tramway  or 
railway. 

§3484.     Id. — COMMISSIONEBS — QUALIFICATIONS  AND  OATH. 

SEC.  41.  Upon  the  presentation  of  said  application  to  the 
judge  of  said  court  he  shall  at  once  order  and  make  the  appoint- 
ment of  five  commissioners  to  assess  the  damages;  the  commis- 
sioners shall  be  householders  of  the  county  wherein  the  property 
is  situate,  and  shall  make  oath  upon  their  appointment,  before 
any  official  authorized  to  acknowledge  deeds  in  the  State,  that 
each  of  them  is  worth  the  sum  of  two  thousand  five  hundred 
dollars  over  and  above  all  just  debts,  liabilities  and  exemptions 
by  law,  and  said  commissioners  shall  not  be  of  the  neighborhood 
of  the  mine  to  be  worked. 

§3485.     Id. — COMMISSIONEBS — PEB  DIEM  AND  MILEAGE. 

SEC.  42.  The  commissioners  shall  each  be  allowed  five  dollars 
per  day  for  their  services.  The  applicant  shall  pay  in  advance 


MINING  STATUTES  OP   NEW   MEXICO  21 

for  one  day  to  each  commissioner,  and  such  commissioners  shall 
also  be  allowed  mileage  at  the  rate  of  twelve  and  one-half  cents 
per  mile  each  way  for  going  to  and  returning  from  said  place  of 
assessment  from  their  places  of  residence. 

§3486.     Id.— ASSESSMENT  OF  DAMAGES — HEARING  —  ORDER 
OP  COURT. 

SEC.  43.  The  said  commissioners  shall  view  the  ground  and 
determine  the  amount  of  damages  due  to  each  owner  or  claim- 
ants, and  assess  said  damages  and  report  the  same  in  writing  to 
the  said  judge  of  said  district  court ;  that  the  said  court  shall  at 
once  examine  said  report  and  hear  any  objections  made  thereto 
in  writing,  sustained  by  evidence  in  written  affidavits ;  notice  of 
filing  said  affidavits  must  be  given  to  the  opposite  party  with 
copies  of  the  affidavits  ten  days  before  the  day  of  filing  the  same. 
If  such  report  of  said  commissioners  be  confirmed  by  the  judge 
and  all  costs  and  damages  paid  by  applicants,  the  judge  shall  is- 
sue an  order  attested  by  the  clerk  of  his  court,  commanding  the 
sheriff  of  said  county  to  put  the  applicant  in  possession  of  said 
right  of  way  as  shown  in  said  plat,  for  executing  which  said  sher- 
iff shall  be  allowed  five  dollars  and  his  mileage. 

§3487.     Id. — ORE  ON  RIGHT  OP  WAY. 

SEC.  44.  In  grading  for  said  tramway  or  railway,  if  any  ore 
is  found  the  applicant  shall  carefully  throw  it  aside  in  a  separate 
pile  or  piles  and  not  mix  it  with  other  dirt  or  debris. 

§3488.     Id.— INTERFERENCE  WITH  SHAFTS  OR  TUNNELS. 

SEC.  45.  No  shaft  shall  be  covered  or  tunnel  intercepted  or 
cut  through  or  on,  any  mining  claim  without  the  consent  of  the 
owner  thereof:  Provided,  This  shall  not  apply  to  shafts  and 
tunnels  as  they  exist  one  month  before  the  filing  of  the  applica- 
tion. 
§3489.  Id. — PROCEDURE. 

SEC.  46.  The  proceedings  provided  for  in  this  article  shall  be 
as  in  a  court  of  chancery,  except  as  otherwise  provided,  and  the 
judge  of  the  district  court  of  the  county  where  such  land  lies 
may  render  his  final  decree  therein  in  chambers,  as  well  as  in 
term  time. 


22  MINING  STATUTES   OF   NEW   MEXICO 

ARTICLE  V.     COAL  MINES. 

Section 

34 yo  Coal  mines — owners  to  make  map. 

3491  Id. — inspection  of  map. 

3492  Coal  mines — noisting  machinery. 
S4y3  Coal  mines — "owner''  incmdes  lessee. 

3494  Id. — failure  to  comply  with  law. 

3495  Id. — negligence  of  overseer — penalty. 

3496  Id. — boiler  inspection. 

3497  New  coal  mines — law  does  not  apply. 

3498  Id. — scales. 

3499  Id. — oath  of  weigher — record. 

3500  Id. — check — weighman. 

3501  Id. — using  false  weights,  etc. 

3502  Id. — offenses. 

3503  Payment  of  employes  in  script  prohibited. 

3504  Exception  to  preceding  section. 

3505  Coercing  emp;oyes  to  trade. 

3506  Id. — duty  of  district  attorney. 

3507  Safety  provisions — violation. 

3508  Coal  minec — unlawful  acts  in. 

3509  Igniting  shots. 

3510  Shot  firer — interfering  with. 

3511  Electrical  apparatus  interfering  with. 

3512  Equipment — interfering  with. 

3513  Setting  fire  to. 

§3490.      COAL  MINES — OWNERS  TO  MAKE  MAP. 

SEC.  47.  The  owner  or  agent  of  every  coal  mine  shall  make  or 
cause  to  be  made  an  accurate  map  or  plan  of  the  workings  of 
such  coal  mine  or  mines,  on  a  scale  of  one  hundred  feet  to  the 
inch. 

§3491.     Id.— INSPECTION  OF  MAP. 

SEC.  48.  A  true  copy  of  which  map  or  plan  shall  be  kept  at 
the  office  of  the  owner  or  owners  of  the  mine  open  to  the  inspec- 
tion of  all  persons,  and  one  copy  of  such  map  or  plan  shall  be 
kept  at  the  mines  by  the  agent  or  other  persons  in  charge  of  the 
mines,  open  to  the  inspection  of  the  workmen. 

§3492.      COAL  MINES — HOISTING  MACHINERY. 

SEC.  49.  The  overseer  shall  see  that  the  hoisting  machinery  is 
kept  constantly  in  repair,  and  ready  for  use  to  hoist  the  work- 
men out  of  the  mine. 

§3493.     COAL  MINES— "OWNER"   INCLUDES  LESSEE. 

SEC.  50.  The  word,  Owner,  as  used  in  the  first  eight  sections 
of  this  article,  shall  apply  to  lessee  as  well. 

§3494.      FAILURE  TO  COMPLY  WITH  LAW. 

SEC.  51.  For  every  injury  to  person  or  property  occasioned 
by  any  violation  of  this  article,  or  any  willful  failure  to  comply 


MINING  STATUTES   OP   NEW   MEXICO  23 

with  its  provisions,  a  right  of  action  shall  accrue  to  the  person 
injured  for  any  direct  damages  he  or  she  may  have  sustained 
thereby,  before  any  court  of  competent  jurisdiction. 

§3495.     Id.— NEGLIGENCE  OF  OVERSEER— PENALTY. 

SEC.  52.  For  any  willful  failure  or  negligence  on  the  part  of 
the  overseer  of  any  coal  mine,  he  shall  be  liable  to  conviction  of 
a  misdemeanor  and  punished  according  to  law :  Provided,  That 
if  such  willful  failure  or  negligence  is  the  cause  of  the  death  of 
any  person,  the  overseer,  upon  conviction,  shall  be  deemed  guilty 
of  manslaughter. 

§3498.      Id. — BOILER  INSPECTION. 

SEC.  53.  All  boilers  used  for  generating  steam  in  and  about 
the  mine  shall  be  kept  in  good  order,  and  the  owner  or  agent  in 
charge  of  such  mine  shall  have  them  inspected  by  some  com- 
petent boiler  maker  as  often  as  once  in  every  three  months. 

§3497.     NEW  COAL  MINES — LAW  DOES  NOT  APPLY. 

SEC.  54.  The  preceding  sections  shall  not  apply  to  the  open- 
ing of  new  coal  mines. 

§3498.      Id. — SCALES. 

SEC.  55.  That  the  owner  or  agent  of  each  coal  mine  within 
this  State,  at  which  the  miners  are  paid  by  weight,  shall  provide 
at  or  near  such  mine  suitable  scales  of  standard  make  for  the 
weighing  of  all  coal  mined. 

§3499.      Id. — OATH  OP  WEIGHER — RECORD. 

SEC.  56.  The  owner  or  agent  of  such  mine  shall  require  the 
person  authorized  to  weigh  the  coal  delivered  from  said  mine  to 
be  sworn,  before  some  person  having  authority  to  administer  an 
oath,  to  keep  the  scales  correctly  balanced;  to  accurately  weigh 
and  to  record  a  correct  account  of  the  amount  weighed  of  each 
miner's  car  of  coal  delivered  from  such  mine,  and  such  oath  shall 
be  kept  conspicuously  posted  at  the  place  of  weighing.  The  rec- 
o~d  of  the  coal  mined  by  each  miner  shall  be  kept  separate  and 
shall  be  open  to  his  inspection  at  all  reasonable  hours,  and  also 
for  the  inspection  of  all  other  persons  pecuniarily  interested  in 
such  mine. 

§3500.      Id. — CHECK  WEIGHMAN. 

SEC.  57.  In  all  coal  mines  in  this  State  the  miners  employed 
and  working  therein  may  furnish  a  competent  check-weighman, 
who  shall  at  all  proper  times  have  full  right  of  access  and  exam- 


24  MINING  STATUTES   OP   NEW    MEXICO 

ination  of  such  scales,  machinery  or  apparatus,  and  seeing  all 
measures  and  weights  of  coal  mined  and  accounts  kept  of  the 
same :  Provided,  That  no  more  than  one  person  on  behalf  of  the 
miners  collectively  shall  have  such  right  of  access,  examination 
and  inspection  of  scales,  measures  and  accounts  at  the  same  time 
and  that  such  person  shall  make  no  unnecessary  interference 
with  the  use  of  such  scales,  machinery  or  apparatus.  The  agent 
of  the  miners  as  aforesaid  shall,  before  entering  upon  his  duties 
make  and  subscribe  to  an  oath  before  some  officer  duly  author- 
ized to  administer  oaths,  that  he  is  duly  qualified  and  will  faith- 
fully discharge  the  duties  of  check- weighman.  Such  oath  shall 
be  kept  conspicuously  posted  at  the  place  of  weighing. 

§3501.      Id. — USING  FALSE  WEIGHTS,   ETC. 

SEC.  58.  Any  person,  company  or  firm  having  or  using  any 
scale  or  scales  for  the  purpose  of  weighing  the  output  of  coal  at 
mines  so  arranged  or  constructed  that  fraudulent  weighing  may 
be  done  thereby,  or  who  shall  knowingly  resort  to  or  employ  any 
means  whatsoever  by  reason  of  which  such  coal  is  not  correctly 
weighed  or  reported  in  accordance  with  the  provisions  of  the 
three  preceding  sections,  or  any  weighman  or  checkweighman 
who  shall  fraudulently  weigh  or  record  the  weights  of  such  coal, 
or  receive  at  or  connive  at,  or  consent  to  such  fraudulent  weigh- 
ing shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  upon 
conviction  for  each  such  offense  be  punished  by  a  fine  of  not  less 
than  two  hundred  dollars  ($200),  nor  more  than  five  hundred 
dollars  ($500),  or  by  imprisonment  in  the  county  jail  for  a  per- 
iod not  to  exceed  sixty  days,  or  by  both  such  fine  and  imprison- 
ment, proceedings  to  be  institutted  in  any  court  of  competent 
jurisdiction. 

§3502.     Id.— OFFENSES. 

SEC.  59.  Any  person,  owner  or  agent  operating  a  coal  mine 
in  this  State  who  shall  fail  to  comply  with  the  provisions  of  sec- 
tions  3498  to  3501  inclusive,  or  who  shall  obstruct  or  hinder 
the  carrying  out  of  their  requirements  shall  be  fined  for  the  first 
offense  not  less  than  fifty  dollars  ($50),  nor  more  than  two  hun- 
dred ($200)  dollars;  for  the  second  offense  not  less  than  two 
hundred  dollars  ($200),  nor  more  than  five  hundred  dollars 
($500),  and  for  the  third  offense  not  less  than  five  hundred 
dollars  ($500)  :  Provided,  That  the  provisions  of  said  section 
shall  apply  only  to  coal  mines  whose  products  are  shipped  by  rail 
and  shall  not  apply  to  mines  where  suitable  scales  of  standard 


MINING   STATUTES   OP   NEW    MEXICO  25 

make  furnished  by  any  railroad  or  transportation  company  or 
through  which  the  coal  is  shipped  or  used  for  such  weighing. 

$3503.      PAYMENT  OF  EMPLOYES  IN   SCRIPT  PROHIBITED. 

SEC.  60.  It  shall  be  unlawful  for  any  person,  firm,  company 
or  corporation  owning  or  operating  coal  or  other  mines  or  trans- 
acting any  kind  of  general  mercantile  business  in  the  State  of 
New  Mexico,  to  sell,  give,  deliver,  or  in  any  manner  issue  directly 
or  indirectly,  to  any  person  employed  by  him  or  it  in  payment 
for  wages  due  for  labor  or  as  advances  on  wages  of  labor  not 
due,  any  script,  check,  draft  or  order,  or  evidence  of  indebted- 
ness payable  or  redeemable  otherwise  than  in  their  face  value  in 
money;  and  such  person,  acting  member  or  agent  of  any  firm, 
acting  agent  or  agents  or  officers  of  any  company  or  corporation 
firm  who  shall  violate  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  a  fine  not  exceeding  five  hundred  dollars, 
not  less  than  two  hundred  and  fifty  dollars,  and  the  amount  of 
any  script,  token,  check,  draft,  order  or  other  evidence  of  in- 
debtedness sold,  given,  delivered  or  in  any  manner  issued  in  vio- 
lation of  the  provisions  of  this  section  shall  recover  in  money  at 
the  suit  of  any  holder  thereof  against  the  person,  firm,  company 
or  corporation  selling,  giving,  or  delivering  or  in  any  manner 
issuing  the  same. 

§3504.      EXCEPTION  TO  PRECEDING  SECTION. 

SEC.  61.  The  provisions  of  the  preceding  section  shall  not 
apply  in  any  instance  where  the  issuance  of  scrip,  check,  draft, 
or  order,  is  upon  the  voluntary  request  or  at  the  instance  of  the 
party  to  whom  issued,  but  only  in  cases  where  the  employer  seeks 
to  compel,  coerce,  or  influence  the  employe  against  his  will  to 
accept  the  same. 

§3505.      COERCING  EMPLOYES  TO  TRADE. 

SEC.  62.  Whoever  compels  or  in  any  manner  seeks  to  compel 
or  coerce  an  employe  or  any  person,  firm,  company  or  corpora- 
tion to  purchase  goods  or  supplies  from  any  particular  person, 
firm,  company  or  corporation  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars  or  imprisonment  in  the 
county  jail  not  exceeding  sixty  days,  or  both  at  the  discretion  of 
the  court. 


26  MINING   STATUTES   OP   NEW   MEXICO 

§3506.      Id. — DUTY  OF  DISTRICT  ATTORNEY. 

SEC.  63.  The  district  attorney  of  any  county  in  the  State  of 
New  Mexico,  upon  complaint  being  made  to  him  of  the  violation 
of  any  of  the  provisions  of  the  three  preceding  sections  in  said 
county  shall  cause  such  complaint  to  be  investigated  before  the 
grand  jury  of  the  county  where  such  wrong  has  been  complained 
of  at  its  next  session  following  the  time  such  complaint  is  made. 

§3507.      SAFETY  PROVISIONS — VIOLATION. 

SEC.  64.  (1)  In  all  coal  mines,  the  owner,  lessee,  manager 
or  operator  shall  provide  at  least  two  shafts,  slopes  or  other  out- 
lets separated  by  natural  strata  of  not  less  than  fifty  feet  in 
breadth,  by  which  shafts,  slopes  or  outlets,  distinct  means  of 
ingress  or  egress  shall  always  be  available  to  the  employes  in  said 
mines ;  and  in  no  case  shall  a  furnace  shaft  be  deemed  an  escape 
shaft. 

(2)  In  all  coal  mines  operated  by  shafts,  a  safe  and  stable 
stairway  shall  be  provided  by  the  owner,  lessee,  manager  or  op- 
erator and  placed  in  the  second  opening  or  escape  shaft,  which 
stairway  shall  be  set  at  an  angle  not  greater  than  fifty  degrees, 
shall  not  be  less  than  two  and  one-half  feet  wide  in  the  clear, 
shall  have  a  substantial  hand  rail  throughout  its  entire  length 
with  stations  not  more  than  thirty  feet  apart,  each  station  having 
a  substantial  platform  or  landing  at  least  three  and  one-half  feet 
wide  and  five  feet  in  length ;  provided,  that  in  no  instance  shall 
a  ladder  way  be  considered  as  a  compliance  with  the  foregoing 
requirements. 

(3)  Keasonable  care  shall  be  used  by  every  owner,  operator, 
manager  or  lessee  to  provide  safety  catch  or  clutch  and  a  good 
and  substantial  iron  bonnet  or  overhead  cover  on  every  cage, 
used  in  lowering  or  hoisting  persons,  in  every  shaft  operated  in 
mines  in  the  state. 

(4)  All  machinery  or  appliances  used  for  transportation  of 
persons  in  said  mines  shall  be  provided  with  adequate  safety  ap- 
pliances and  shall  be  inspected  at  regular  intervals  by  com- 
petent persons  for  that  purpose,  appointed  by  the  owner,  lessee, 
operator  or  manager  of  the  mine. 

(5)  Every  shaft,  slope  or  drift  opening  used  for  an  escape- 
way  from  coal  mines,  shall  be  transversed  throughout  its  entire 
depth  or-  length  and  regularly  and  carefully  inspected  by  a  com- 
petent employe  designated  by  the  owner,  lessee  or  operator  for 
that  purpose  once  a  week,  which  said  employe  shall  report  upon 
the  condition  of  such  escapeway,  and  shall  make  a  record  of  such 


MINING   STATUTES   OP   NEW   MEXICO  27 

inspection,  which  record  shall  show  the  date  of  each  inspection 
and  the  condition  of  the  escapeway,  inspected,  which  said  record 
shall  at  all  times  be  open  to  the  Inspector. 

(6)  Every  operator  of  any  coal  mine  which  shall  have  at- 
tained a  distance  of  one  hundred  feet  in  deplh  of  shaft  or  length 
of  slope,  entry  or  drift  from  the  surface,  or  from  the  bottom 
of   the   shaft,   shall   use   all   reasonable   means   to   provide   an 
adequate  amount  of  ventilation  of  not  less  than  one  hundred 
cubic  feet  of  pure  air  per  minute  for  each  person  at  work  in 
said  mine  and  not  less  than  three  hundred  cubic  feet  of  pure 
air  per  minute  for  each  mule,  horse  or  burro  used  in  said  mine, 
and  to  cause  such  air  to  be  forced  by  proper  appliances  through 
said  mine  to  the  face  of  each  and  every  working  place  in  such  a 
manner  as  to  render  harmless  and  expel  therefrom  all  dangerous 
or  poisonous  gases;  and  shall  use  reasonable  care  at  all  times  to 
keep  all  workings  in  operation  in  said  mine  free  from  standing 
gas. 

(7)  At  least  four  safety  lamps,  four  electric  hand  lamps  and 
four  masks  or  helmets  provided  with  a  supply  of  oxygen  or  air 
sufficient  to  sustain  respiration  for  the  user  thereof  for  at  least 
one  hour,  shall  be  kept  for  rescue  work  by  each  company  or  op- 
erator at  every  coal  mining  camp  where  twenty-five  or  more  men 
are  employed. 

(8)  Every  fan  hereafter  erected  or  constructed  at  any  coal 
mine  must  be  placed  at  least  twenty  feet  distant  from  the  side  or 
mouth  of  the  shaft  entry  or  slope  with  which  it  is  connected  for 
ventilation  purposes,  and  shall  be  as  much  as  possible  of  fire  proof 
construction;  and  explosion  doors  shall  be  provided  in  a  direct 
line  with  the  mine  opening. 

(9)  In  each  coal  mine  which  vents  gas,  which,  in  combination 
with  air,  will  induce  or  maintain  an  explosive  condition,  it  shall 
be  the  duty  of  the  operator  to  keep  constantly  employed  one  or 
more  experienced  men  whose  duties  it  shall  be  to  act  as  fire 
bosses,  whose  duties  it  shall  be  to  carefully  inspect  all  working 
places,  in  said  mine  by  making  tests  for  gas  with  a  safety  lamp 
within  three  hours  before  each  working  shift  enters  said  mine 
and  to  make  a  written  record  of  the  conditions  in  the  mine  after 
each  examination,  in  a  book  to  be  kept  for  that  purpose;  said 
fire  bosses  shall  mark  with  chalk  on  the  face  of  the  room  his  in- 
itials and  the  date  and  hour  of  the  examination  as  proof  to  the 
miner  that  his  working  place  has  been  examined.    Any  fire  boss 
discovering  standing  gas  in  any  workings  or  openings  in  any  coal 


28  MINING   STATUTES   OF    NEW    MEXICO 

mine,  shall  immediately  place  a  danger  sign  at  the  entrance  of 
the  place  where  such  standing  gas  is  found  and  at  such  distance 
therefrom  as  would  give  timely  warning  to  any  person  carrying 
an  open  light.  Said  fire  boss  or  gas  watchman  shall  then  pro- 
ceed with  and  complete  his  examination  of  said  mine,  placing 
like  signs  before  each  working  place  where  standing  gas  is  found ; 
and  thereupon  shall  proceed  to  take  the  necessary  steps  to  im- 
prove the  ventilation  and  remove  standing  gas  wherever  found. 

(10)  In  like  manner  and  within  the  same  time  before  any 
working  shift  enters  the  mine,  the  fire  boss  shall  examine  all  ac- 
cessible gobs  and  abandoned  workings  in  said  mine  which  there 
is  reason  to  believe  might  accumulate  gas  in  dangerous  quanti- 
ties.   Naked  lights  shall  not  be  used  in  any  ventilating  district 
between  the  place  where  safety  lamps  are  necessary  to  be  used 
and  outside  opening  of  the  return  airway.     The  owner,  oper- 
ator or  manager  of  every  coal  mine  shall  use  reasonable  care  to 
provide  that  all  brattice  cloth  used  shall  be  fireproof  cloth,  and 
that  doors  therein  shall  be  made   as   fireproof   as   possible  by 
painting  with  fireproof  paint  or  covering  with  metal ;  that  rags 
or  other  inflammable  material  shall  not  be  used  to  stop  leaks; 
that  doors  must  be  hung  in  such  a  manner  as  to  close  automat- 
ically ;  and  that  all  over-casts  shall  be  of  stone  or  other  fireproof 
material. 

(11)  It  shall  be  the  duty  of  the  operator,  owner  or  manager 
of  every  coal  mine  to  provide  an  ample  supply  of  timbers  and 
to  cause  the  same  to  be  delivered  on  the  pit  car,  at  the  request  of 
the  miners,  as  near  as  practicable  to  the  places  where  the  same 
are-  to  be  used.    The  operator  shall  not  store  or  knowingly  per- 
mit to  be  stored  any  powder  or  other  explosive  in  any  coal  mine, 
nor  knowingly  permit  to  be  taken  into  any  coal  mine  powder  or 
other  explosive  in  a  greater  quantity  than  may  be  required  for 
use  in  one  shift,  unless  such  quantity  be  less  than  five  pounds,  and 
shall  not  knowingly  permit  black  powder  or  powder  not  in  cart- 
ridge form  to  be  carried  into  the  mine,  except  in  metallic  canis- 
ters, unless  such  powder  is  to  be  distributed  by  the  shot  inspector 
or  used  by  the  shot  f irer  . 

(12)  The  operator  shall  not  knowingly  permit  to  be  used 
for  illuminating  purposes  in  any  coal  mine  any  oils  other  than 
pure  animal  or  vegetable  oils  or  other  oils  as  free  from  smoke 
as  a  pure  animal  or  vegetable  oil,  provided,  however,  that  any 
material  as  free  from  smoke  and  bad  odor  and  of  equal  merit  as 
an  illuminant  as  a  pure  vegetable  oil,  may  be  used. 


MINING  STATUTES   OP   NEW   MEXICO  29 

(13)  It  shall  be  the  duty  of  the  operator  of  any  mine  in  the 
event  of  a  fatal  accident  occurring  therein,  to  at  once  make  a 
brief  report  of  the  same  by  telegraph  or  telephone  to  the  In- 
spector; and  within  ten  days  thereafter  it  shall  be  his  duty  to 
make  and  transmit  a  full  and  complete  report  in  writing  to  the 
Inspector  of  any  such  accident.    It  shall  also  be  the  duty  of  the 
operator  to  keep  a  complete  record  of  all  accidents  which  may 
occur  in  the  mine  operated  by  him  at  said  mine,  to  which  record 
the  Inspector  shall  have  access. 

(14)  It  shall  be  the  duty  of  the  operator  to  exercise  reason- 
able care  to  employ  experienced,  competent  and  sober  men  as 
shot  firers,  fire  bosses,  and  engineers  in  charge  of  hoisting  ap- 
paratus or  engines,  or  in  charge  of  explosives. 

(15)  It  shall  be  the  duty  of  the  operator  to  install  and  main- 
tain a  telephone  system  in  every  coal  mine  to  such  extent  as  may 
be  reasonably  required  for  the  operation  thereof. 

(16)  It  shall  be  the  duty  of  every  operator  of  any  coal  mine 
to  supply  at  least  one  drag  for  each  rope  trip  in  all  inclines  and 
slopes  to  be  attached  to  the  rear  end  of  the  hind  car,  ascending 
such  inclines  or  slopes,  for  the  purpose  of  derailing  the  car  in 
case  the  rope  or  couplings  should  break  or  any  cars  become  de- 
tached. 

(17)  It  shall  be  the  duty  of  any  operator  in  any  coal  mine 
employing  twenty  or  more  miners,  to  employ  shot-firers  to  fire 
the  shots  therein,  except  there  (where)  some  approved  mechani- 
cal or  electric  shot  firing  device  is  used;  said  shots  to  be  fired 
between  working  shifts,  when  all  miners  and  other  employes, 
except  shot  firers  and  employes  doing  repair  work,  shall  be  out 
of  the  mine.    When  the  miners  are  allowed  to  load  and  tamp 
the  holes,  the  operator  shall  provide  tamping  consisting  of  some 
incombustible  substance,  which  shall  be  delivered  to  points  con- 
venient to  working  places ;  provided,  however,  that  the  provisions 
of  this  sub-section  shall  not  apply  to  anthracite  mines  which  do 
not  generate  inflammable  gas. 

(18)  It  shall  be  the  duty  of  the  operator  of  every  coal  mine 
where  traveling  roads  are  not  provided  and  wherever  workmen 
are  compelled  to  travel  the  haulage  road  in  the  course  of  their 
ordinary  duties  to  provide  a  clear  space,  two  feet  in  width,  on 
one  side  of  such  haulage  way  or  where  such  clear  space  is  not 
provided  he  shall  provide  refuge  holes,  six  feet  in  height,  four 
feet  in  width  and  three  feet  in  depth,  on  one  or  both  sides  along 
such  haulage  ways  at  intervals  of  not  more  than  one  hundred 


30  MINING  STATUTES   OP   NEW   MEXICO 

feet  apart,  and  said  refuge  holes  shall  be  kept  whitewashed  or 
painted  white  so  as  to  be  easily  distinguished  from  the  rib  ad- 
jacent thereto;  said  operator  shall  also  maintain  similar  refuge 
holes  on  main  slope  haulage  ways. 

(19)  When  a  uniform  code  of  mine  bell  signals  has  been  ar- 
ranged by  the  Mine  Inspector,  a  copy  of  such  code  of  signals 
shall  be  maintained  in  each  hoisting  engine  house  in  plain  view  of 
the  engineer  in  charge  thereof  and  a  similar  copy  thereof  shall  be 
maintained  at  each  level  or  entry  in  said  mine  from  which  per- 
sons or  coal  are  hoisted. 

(20)  Any  operator  of  any  coal  mine  who  shall  wilfully  fail 
or  refuse  to  comply  with  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  less  than  fifty  dollars  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  for  not  less 
than  one  month  or  more  than  three  months,  or  by  both  such  fine 
and  imprisonment. 

§3508.      COAL  MINES— UNLAWFUL  ACTS  IN. 

SEC.  65.  (1)  It  shall  be  unlawful  for  any  miner  to  enter 
any  mine  or  part  of  a  mine  generating  explosive  gas  until  it  shall 
have  been  examined  by  the  fire  boss  and  by  said  fire  boss  re- 
ported safe. 

(2)  It  shall  be  unlawful  for  any  person  to  brush  firedamp 
from  any  place  in  a  coal  mine  by  means  of  a  coat,  brattice  cloth, 
sack  or  any  article  which  might  be  used  by  a  movement  of  the 
same  with  arms  or  hands. 

(3)  It  shall  be  unlawful  for  any  person  employed  in  or  about 
any  coal  mine  wherein  a  traveling  way  is  provided,  to  travel 
upon  the  haulage  road  where  rope  or  motor  haulage  is  employed ; 
except  the  track  walker  or  the  track  repairer  or  timber  men 
when  in  the  performance  of  work  necessary  upon  such  haulage 
road,  and  the  Inspector,  mine  superintendent,  pit  boss,  fire  boss 
or  any  other  officials  in  the  inspection  of  such  roads  or  other 
necessary  duties.    Such  haulage  road  shall  not  be  used  for  or- 
dinary means  of  ingress  or  egress  to  or  from  the  mine. 

(4)  It  shall  be  unlawful  for  any  person  to  tamp  any  drill 
hole  in  any  coal  mine  with  slack  coal,  drill  dust  or  other  ordin- 
arily combustible  material. 

(5)  It  shall  be  unlawful  for  any  person  other  than  the  trip 
or  rope  rider,  or  his  assistant  or  assistants,  in  any  coal  mine,  to 
ride  on  or  between  cars,  entering  or  coming  out  from  any  mine 
or  on  or  between  the  cars  being  moved  within  the  mine,  except  in 


MINING   STATUTES   OP   NEW   MEXICO  31 

case  of  emergency;  provided,  however,  that  passengers  may  be 
hauled  when  the  engineer  or  person  in  charge  of  the  trip  has 
been  notified  thereof. 

(6)  It  shall  be  the  duty  of  every  coal  miner  to  take  down  all 
dangerous  coal,  slate,  rock  or  other  material  in  his  working  place, 
or  to  make  the  same  safe  by  proper  timbering.    It  shall  be  un- 
lawful for  any  coal  miner  to  work  or  remain  in  any  unsafe  or 
dangerous  place  in  a  coal  mine,  knowing  the  same  to  be  such,  ex- 
cept for  the  purpose  of  remedying  such  condition,  or  for  any 
owner  or  operator  to  require  him  so  to  do. 

(7)  It  shall  be  unlawful  for  any  person  to  load  or  ignite  any 
shot  hole  in  any  narrow  working,  in  any  coal  mine,  until  such 
working  shall  be  either  undermined,  or  cut  or  sheared  on  one 
side,  to  the  full  depth  of  the  hole  to  be  fired.    Narrow  workings 
are  hereby  defined  as  entries,  room-necks,  break-throughs  or 
cross-cuts  between  entries  and  rooms,  provided,  however,  that 
the  provisions  of  this  sub-section  shall  not  apply  where  prospect 
entries  or  new  openings  are  being  made  to  determine  the  prac- 
ticability of  opening  a  mine ;  nor  shall  the  same  apply  to  anthra- 
cite mines  which  do  not  generate  inflammable  gas. 

(8)  It  shall  be  unlawful  for  any  person  in  any  mine  to  wear 
a  pit  lamp  in  his  cap  or  to  have  an  open  light  within  five  feet 
of  any  place  where  he  is  handling  loose  powder,  caps  or  deton- 
ators, or  preparing  explosive  cartridges  of  any  kind. 

(9)  It  shall  be  the  duty  of  every  shot  firer  in  coal  mines  to 
inspect  all  shot  holes  before  igniting  any  shots  or  blasts.     He 
shall  begin  igniting  the  shots  to  be  fired  at  such  place  that  he 
can  proceed  with  the  firing  in  the  direction  opposite  from  that 
which  the  air  is  traveling.    Whenever  in  his  opinion  any  of  the 
working  places  are  too  dry,  dusty  or  otherwise  dangerous,  or  that 
the  drill  holes  are  improperly  placed,  or  that  an  overcharge  of 
explosive  is  used,  or  that  it  is  improperly  tamped,  or  that  the 
shot  hole  is  in  any  particular  defective,  or  if  in  the  opinion  of 
the  shot  firer  the  exploding  of  such  shot  would  be  a  menace  to 
himself  or  other  person  within  the  mine,  or  would  cause  undue 
wreckage  of  timbers  or  property,  it  shall  be  his  duty  to  con- 
demn such  shot  or  drill  hole,  and  refuse  to  ignite  such  shot  or 
allow  it  to  be  ignited  until  such  defective  conditions  are  rem- 
edied. 

(10)  Any  person  violating -any  of  the  provisions  of  this  sec- 
tion, shall  be  guilty  of  a  misdemeanor,    and    upon    conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  fifty  dollars 


32  MINING  STATUTES  OF  NEW  MEXICO 

or  by  imprisonment  in  the  county  jail  not  exceeding  thirty  days 
or  by  both  such  fine  and  imprisonment. 

§3509.     IGNITING  SHOTS. 

SEC.  66.  It  shall  be  unlawful  for  any  person  other  than  a  reg- 
ularly employed  shot  firer  to  ignite  any  shot  within  a  coal  mine 
where  shot  firers  are  employed,  except  in  rock  work  entry  or  de- 
velopment work  where  it  is  not  deemed  necessary  to  employ 
regular  shot  firers,  or  in  case  of  absence  or  inability  of  the  shot 
firer  to  attend  to  such  duty,  in  which  event  some  person  who  is 
experienced  may  be  appointed  by  the  mine  boss  to  ignite  shots. 
Any  person  violating  any  of  the  provisions  hereof,  shall,  upon 
conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars,  or  be  punished  by  imprisonment  for  not 
less  than  thirty  days  nor  more  than  two  years. 

§3510.      SHOT  FIBER — INTERFERING  WITH. 

SEC.  67.  Any  person  who  shall,  by  violence,  abusive  language 
or  innuendo,  injure,  humilate  or  embarass  any  shot  firer  because 
of  said  shot  firer  having  condemned  any  shot  hole,  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  exceeding  one 
hundred  dollars  or  by  imprisonment  for  not  less  than  thirty 
days  nor  more  than  one  year. 

§3511.      ELECTRICAL  APPARATUS — INTERFERING  WITH. 

SEC.  68.  Any  person  who  shall  willfully  remove,  break  or 
destroy  any  electric  light  bulb  which  is  installed  and  in  use,  or 
to  be  used  in  or  about  any  mine  in  the  State,  or  shall  cut,  detach 
or  in  any  manner  interfere  with  any  electric  light  or  electric 
wire  in  any  such  mine  without  consent  of  the  operator  or  person 
in  charge  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars,  or  by  imprisonment  for  not  more  than  six 
months,  or  by  both  such  fine  and  imprisonment. 

§3512.      EQUIPMENT— INTERFERING  WITH. 

SEC.  69.  Any  person  who  shall  willfully  obstruct  or  do  any 
act  that  may  interfere  with  the  free  passage  of  air  through  any 
ventilation  circuit,  or  who  shall  willfully  remove,  break,  destroy 
or  damage  any  apparatus  or  equipment  in  or  about  any  mine 
used  for  ventilation  purposes,  without  consent  of  the  person  in 
charge  of  said  mine,  or  any  person  who  shall  willfully  remove, 
break,  destroy,  damage  or  otherwise  molest  any  mine  equipment 
for  whatever  purpose  used  in  or  about  any  mine,  or  impede  the 


MINING  STATUTES  OF  NEW   MEXICO  33 

operation  thereof,  without  consent  of  the  person  in  charge  of  said 
mine,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars,  or  by  imprisonment  for  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment. 
§3513.  SETTING  FIRE  TO. 

SEC.  70.  Any  person  who  shall  willfully  set  on  fire  or  ignite 
any  building  equipment  or  anything  whatsoever  at  or  within 
any  mine  when  any  person  is  present  in  such  mine  at  the  time, 
shall  be  deemed  guilty  of  a  felony,  and  upon  conviction  thereof, 
shall  be  imprisoned  for  not  less  than  five  years  nor  more  than 
twenty-five  years,  provided,  however,  that  if  the  life  of  any  per- 
son be  lost  through  the  ignition  or  causing  to  be  ignited  of  any 
such  building,  equipment  or  other  thing  as  in  this  section  pro- 
vided, the  person  setting  or  causing  to  be  set  such  fire  shall  be 
deemed  guilty  of  murder  in  the  first  degree,  and  shall  be  dealt 
with  according  to  the  law  at  the  time  in  force  prescribing  the 
penalty  for  such  offense. 


ARTICLE  VI.     MISCELLANEOUS. 

Section 

3514  Locations  on  private  lands — rules  and  regulations. 

3515  Trespass  by  live  stock. 

3516  Preventing  trespass — notices. 

3517  Trespass — penalty. 

3518  Pest  house. 

3519  Termination  of  lease — notice. 

3520  Terminating  lease  without  notice — liability. 

3521  Smelters — lead  poisoning  of  employe — duty  of  employer. 

3522  Id. — failure  to  provide — penalty. 

§3514.     LOCATIONS  ON  PRIVATE  LANDS— RULES  AND  REGU- 
LATIONS. 

SEC.  71.  The  owner  or  owners  of  lands  within  this  State,  the 
title  to  which  has  been  vested  by  letters  patent  from  the  United 
States  government,  may  make  and  file  in  the  office  of  the  county 
clerk  of  the  county  in  which  such  lands  are  situated,  such  rules 
and  regulations,  not  inconsistent  with  the  laws  of  the  United 
States  and  of  this  State,  as  they  may  see  fit,  governing  the  loca- 
tion and  acquisition  of  mining  claims  thereon,  which  rules  and 
regulations  when  so  filed,  shall  be  binding  upon  all  parties,  and 
a  copy  thereof  duly  certified  by  the  county  clerk  shall  be  re- 
ceived and  admitted  as  evidence  in  any  suit  or  proceedings  re- 
lating to  such  mining  claims ;  such  rules  and  regulations  may  be 
changed  and  supplemented  from  time  to  time  by  other  rules  and 


34  MINING   STATUTES   OF   NEW   MEXICO 

regulations  filed  in  like  manner,  providing  that  such  change 
shall  not  affect  rights  acquired  prior  thereto. 

§3515.      TRESPASS  BY  LIVE   STOCK. 

SEC.  72.  The  owner  of  any  live  stock  in  this  State  shall  not  be 
liable  to  the  owner  or  his  agent  of  any  mining  or  mineral  claim  or 
millsite  for  damages  done  by  way  of  trespass  upon  the  same  by 
said  live  stock  other  than  for  actual  damage  done  to  buildings, 
tents,  mining  supplies  or  other  personal  property  situated  there- 
on :  Provided,  That  nothing  in  this  section  shall  be  constructed 
as  abridging  or  curtailing  any  of  the  existing  rights  of  any  such 
owner  whenever  any  such  mining  or  mineral  claim  or  millsite 
may  be  used  by  the  owners  thereof,  his  tenant  or  lessee,  as  a 
livestock  ranch. 

§3516.      PREVENTING  TRESPASS — NOTICES. 

SEC.  73.  Whenever  the  owner  or  lessee  of  any  mining  prop- 
erty in  the  State  of  New  Mexico  shall  desire  to  operate  the  same 
and  to  prevent  trespassers  from  entering  thereon,  such  owner 
or  lessees  may  post  notices  in  English  and  Spanish  in  at  least 
three  public  places  upon  said  premises,  warning  all  persons  from 
entering  upon  said  property  without  permission  of  the  owner 
or  lessee  or  his  or  their  authorized  agent  or  superintendent, 
which  notices  shall  describe  the  boundaries  of  said  property. 

§351 7.      TRESPASS— PENALTY. 

SEC.  74.  After  the  posting  of  such  notices,  it  shall  be  unlaw- 
ful for  any  person  to  enter  upon  said  premises  without  such 
permission,  and  any  person  violating  the  provisions  of  the  pre- 
ceding section,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing fifty  dollars  or  imprisonment  in  the  county  jail  for  a  period 
not  exceeding  thirty  days,  or  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court :  Provided,  That  this  section  shall 
not  apply  to  any  person  or  persons  entering  said  premises  in 
good  faith  for  the  purpose  of  ascertaining  whether  assessment 
work  has  been  done,  or  for  the  purpose  of  making  a  location  on 
government  land. 

§3518.      PEST  HOUSE. 

SEC.  75.  That  all  mining  companies  or  other  corporations  do- 
ing business  in  this  State  who  receive  any  money  from  their  em- 
ployes for  the  purpose  of  employing  a  physician  to  attend  and 
render  medical  aid  to  any  of  said  employes  during  sickness,  or 


MINING  STATUTES  OF   NEW   MEXICO  35 

to  enforce  sanitary  regulations  for  the  benefit  of  said  employes, 
are  hereby  required  to  erect  and  maintain  a  proper  and  suitable 
pest  house  not  less  than  one  and  one-half  miles  from  any  town, 
mining  camp  or  settlement  or  village  where  the  headquarters  of 
such  company  may  be,  or  where  the  greater  portion  of  said  em- 
ployes may  labor,  for  the  purpose  of  taking  proper  care  of,  and 
quarantining  any  and  all  of  said  employes  who  may  be  affected 
with  any  contagious  or  infectious  diseases,  and  any  company  or 
corporation  violating  any  of  the  provisions  of  this  section  upon 
proper  proceedings  and  conviction  thereunder,  shall  be  fined  as 
set  forth  in  section  1741,  and  in  addition  thereto  shall  be  liable 
for  all  damages  occasioned  by  their  violation  of  the  law. 

§8519.      TERMINATION  OF  LEASE— NOTICE. 

SEC.  76.  Hereafter  any  lease  upon  any  mine,  or  portion  of  a 
mine,  not  given  in  writing,  for  a  specified  time,  shall  not  be  ter- 
minated until  after  notice  of  the  date  of  such  termination,  given 
by  the  lessor  to  the  lessee,  not  less  than  thirty  days  prior  to  such 
date  of  termination. 

§3520.      TERMINATING  LEASE  WITHOUT  NOTICE — LIABILITY. 

SEC.  77.  The  lessor  and  the  mine  upon  which  any  lease  is 
terminated  without  thirty  days'  notice  shall  be  liable  to  the 
lessee  for  all  damages  resulting  from  such  termination:  Pro- 
vided, That  nothing  in  this  or  the  preceding  section  shall  prevent 
the  forfeiture  and  termination  of  any  such  lease  without  such 
notice  when  the  lessee  is  working  the  leased  ground  in  such  man- 
ner as  to  damage  the  property. 

§3521.      SMELTERS  —  LEAD   POISONING  OP   EMPLOYE — DUTY 
OF  EMPLOYER. 

SEC.  78.  Whenever  any  employe  of  any  corporation,  person 
or  persons  engaged  in  the  management  and  operation  of  any 
smelting  works  in  the  State  of  New  Mexico,  shall  become  dis- 
abled and  rendered  unfit  for  labor  by  reason  of  lead  poisoning, 
which  said  lead  poisoning  shall  be  the  result  and  consequence  of 
said  employe's  performance  and  proper  discharge  of  said  em- 
ploye *s  duties  in  and  about  said  smelting  works,  said'  employe 
shall  be  provided  with  and  receive  all  proper  medical  attend- 
ance, medicines  and  sustenance  during  such  disability,  at  the 
expense  of  said  corporation,  person  or  persons  so  employing  him. 

§3522.      Id. — FAILURE  TO  PROVIDE — PENALTY. 

SEC.  79.     If  any  such  corporation,  person  or  persons  engaged 


36  MINING   STATUTES   OF   NEW   MEXICO 

in  the  management  and  operation  of  any  smelting  works  in  the 
State  of  New  Mexico  shall  fail  to  provide  such  employe  with  all 
proper  medical  attendance,  medicines  and  sustenance  during 
such  disability  of  said  employe,  then  the  reasonable  expense  of 
providing  such  employe  with  all  proper  medical  attendance,  med- 
icines and  sustenance  during  such  disability  of  said  employe 
may  be  recovered  from  such  corporation,  person  or  persons  so 
engaged  in  the  management  and  operation  of  smelting  works  as 
aforesaid,  in  an  action  at  law  by  and  in  the  name  of  any  person 
or  persons  rendering  or  providing  such  employe  with  the  said 
medical  attendance,  medicines  and  sustenance. 


OIL  AND  GAS. 

Section 

3986  Wells — mode  of  casing. 

3987  Wells — plugging — abandoned. 

3988  Wells — abandoned — failure  to  plug. 

3989  Wells — failure  to  case  or  plug — penalty. 

§3986.      WELLS— MODE  OF  CASING. 

SECTION  1.  That  the  owner  or  operator  of  any  well  put  down 
for  the  purpose  of  exploring  for  and  producing  oil  or  gas,  shall, 
befort  drilling  into  the  oil  or  gas-bearing  rock,  incase  the  well 
with  good  and  sufficient  casing,  and  in  such  manner  as  to  ex- 
clude all  surface  or  fresh  water  from  the  lower  part  of  such 
well,  and  from  penetratng  the  oil  or  gas-bearing  rock.  Should 
any  well  be  put  down  through  the  first  into  a  lower  or  gas-bear- 
ing rock,  the  same  shall  be  cased  in  such  manner  as  will  exclude 
all  fresh  or  salt  water  from  both  upper  and  lower  oil  or  gas- 
bearing  rocks  penetrated. 

§3987.      WELLS— PLUGGING. 

SEC.  2.  The  owner  of  any  well,  when  about  to  abandon  or 
cease  operating  the  same,  for  the  purpose  of  excluding  all  fresh 
or  salt  water  from  penetrating  the  oil  or  gas  bearing  rocks,  and 
before  drawing  the  casing,  shall  fill  the  well  with  sand  or  rock 
sediment  to  the  depth  of  ten  feet  above  the  top  of  each  oil  or 
gas  bearing  rock,  and  drive  therein  a  round  tapered,  seasoned 
wooden  plug  at  least  two  feet  in  length,  and  in  diameter  equal 
to  the  full  diameter  of  the  well  below  the  casing,  and  immediately 
upon  drawing  the  casing  shall  fill  in  on  top  of  such  plug  with 
sand  or  rock  sediment  to  the  depth  of  five  feet,  and  again  drive 
into  the  well  a  round  wooden  plug  three  feet  in  length,  the  lower 
end  tapering  to  a  point  and  to  be  of  the  same  diameter  at  the 


MINING  STATUTES   OP   NEW   MEXICO  37 

distance  of  eighteen  inches  from  the  smaller  end  as  the  diameter 
of  the  well  above  the  point  at  which  the  casing  rested  and  the 
plug  is  driven;  and  after  such  plug  has  been  driven,  the  well 
shall  be  filled  with  sand  or  rock  sediment  to  the  depth  of  not 
less  than  twenty  feet. 

§3988.      WELLS— ABANDONED— FAILURE  TO  PLUG. 

.  SEC.  3.  Whenever  any  person  may  be  injured  by  the  neglect 
or  refusal  to  comply  with  the  provisions  of  the  preceding  section, 
it  shall  be  lawful  for  such  person,  after  notice  to  the  owner, 
lessee  or  care  taker  of  the  premises  upon  which  such  well  is  lo- 
cated, to  enter  upon  and  fill  up  and  plug  such  well  in  the  man- 
ner provided  in  this  chapter,  and  thereupon  to  recover  the  ex- 
pense thereof,  from  the  person  or  persons  whose  duty  it  was  to 
plug  or  fill  up  such  well  in  like  manner  as  debts  of  such  amounts 
are  recoverable,  and  shall  have  a  lien  upon  the  fixtures  and  ma- 
chinery and  leasehold  interests  of  the  owner  or  operator  of  such 
well. 

§3989.      WELLS— FAILURE   TO   CASE  OR  PLUG— PENALTY. 

SEC.  4.  Any  person,  owner,  driller,  or  operator  violating  the 
provisions  of  the  first  and  second  section  of  this  chapter,  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred  dol- 
lars, or  by  imprisonment  for  a  period  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment,  at  the  discretion  of  the 
court. 


ARTICLE  VII.      THE   NEW  MEXICO  SCHOOL  OF  MINES. 

Section 

5139  Objects — studies. 

5140  Board  of  Regents — corporate  powers — quorum. 

5141  Officers — bond  of  secretary  and  treasurer. 

5142  President — powers. 

5143  Secretary  and  treasurer — duties — records. 

5144  Board  of  Regents — powers. 

5145  Faculties. 

5146  Degrees  and  diplomas. 

5147  Removal  of  employes. 

5148  Tuition — non-residents. 

5149  Assays,  etc. — compensation. 

5150  Declared  a  state  school. 

5151  Preparatory  department — tuition  in  state  schools. 

§5139.      OBJECTS — STUDIES. 

SEC.  122.     The  object  of  the  New  Mexico  School  of  Mines  is  to 
furnish  facilities  for  the  education  of  such  persons  as  may  de- 


38  MINING   STATUTES   OP   NEW   MEXICO 

sire  to  receive  instruction  in  chemistry,  metallurgy,  mineralogy, 
geology,  mining,  milling,  engineering,  mathematics,  mechanics, 
drawing,  the  fundamental  laws  of  the  United  States,  and  the 
rights  and  duties  of  citizenship,  and  such  other  courses  of  study, 
not  including  agriculture,  as  may  be  prescribed  by  the  board 
of  regents. 

§5140.     BOARD  OF  REGENTS  —  CORPORATE  POWERS  —  QUO- 
RUM. 

SEC.  123.  The  management  and  control  of  said  school  of 
mines,  the  care  and  preservation  of  all  property  of  which  it  shall 
become  possessed,  the  erection  and  construction  of  all  buildings 
necessary  for  its  use,  and  the  disbursement  and  expenditure  of 
all  moneys,  shall  be  vested  in  a  board  of  five  regents.  Said  re- 
gents and  their  successors  in  office  shall  constitute  a  body  cor- 
porate, under  the  name  and  style  of,  The  Regents  of  the  New 
Mexico  School  of  Mines,  with  the  right,  as  such,  of  suing  and  be- 
ing sued,  of  contracting  and  being  contracted  with,  of  making 
and  using  a  common  seal  and  altering  the  same  at  pleasure,  and 
of  causing  all  things  to  be  done  necessary  to  carry  out  the  pro- 
visions of  this  article.  A  majority  of  the  board  shall  constitute 
a  quorum  for  the  transaction  of  business,  but  a  less  number  may 
adjourn  from  time  to  time. 

§5141.      OFFICERS — BOND  OF  SECRETARY  AND  TREASURER. 

SEC.  124.  The  school  officers  shall  be  the  same  regents,  be 
elected  in  the  same  manner  and  at  the  same  time,  and  possess 
the  same  qualifications  as  the  officers  of  the  University  of  New 
Mexico,  and  the  secretary  and  treasurer  so  elected  shall  give  bond 
in  the  sum  of  ten  thousand  dollars  in  the  manner  provided  in 
section  5121. 

§5142.      PRESIDENT — POWERS. 

SEC.  125.  The  president  of  said  board  shall  be  the  chief  ex- 
ecutive officer,  shall  preside  at  all  meetings  thereof,  except  that 
when  he  is  absent  the  board  may  appoint  a  president  pro  tern., 
sign  all  instruments  required  to  be  executed  by  said  board;  he 
shall  also  direct  the  affairs  generally  of  the  said  school  of  mines, 
shall  nominate  and  by  and  with  the  advice  of  said  board  of  re- 
gents, appoint  all  professors,  instructors,  tutors  and  other  em- 
ployes necessary  to  the  proper  conduct  of  said  school  of  mines, 
and  in  like  manner  shall  determine  the  amount  of  their  re- 
spective salaries. 


MINING  STATUTES  OF   NEW   MEXICO  39 

§5143.      SECRETARY   AND   TREASURER— DUTIES— RECORDS. 

SEC.  126.  The  secretary  and  treasurer  shall  be  the  financial 
and  recording  officer  of  said  board,  shall  keep  a  true  and  correct 
account  of  all  moneys  received  and  expended  by  him,  shall  at- 
test all  instruments  required  to  be  signed  by  the  president  of  said 
board,  and  shall  keep  a  true  and  correct  record  of  all  the  pro- 
ceedings of  said  board  and,  generally,  do  all  other  things  re- 
quired of  him  by  said  board. 

§5144.      BOARD  OF  REGENTS— POWERS. 

SEC.  127.  The  board  of  regents  shall  have  power  and  it  shall 
be  their  duty  to  enact  by-laws,  rules  and  regulations  for  the  gov- 
ernment of  such  school  of  mines,  not  inconsistent  with  the  laws 
of  the  State ;  and  they  shall  also  prescribe  the  text  books  to  be 
used,  the  course  of  study,  the  branches  to  be  taught,  the  number 
of  departments  into  which  said  school  shall  be  divided  and  to 
change  the  same  from  time  to  time;  to  fix  the  scholastic  year, 
provide  apparatus,  mineral  and  geological  cabinets,  and  do  all 
and  everything  necessary  in  and  about  the  premises  with  a  view 
to  promoting  the  best  interests  of  said  institution. 

§5145.      FACULTIES. 

SEC.  128.  The  immediate  government  of  their  several  depart- 
ments shall  be  intrusted  to  their  several  faculties. 

§5146.      DEGREES  AND  DIPLOMAS. 

SEC.  129.  The  board  of  regents  shall  have  power  to  confer 
such  degrees  and  grant  such  diplomas  as  are  usually  conferred 
and  granted  by  other  similar  schools. 

§5147.      REMOVAL  OF  EMPLOYES. 

SEC.  130.  The  regents  shall  have  power  to  remove  any  offi- 
cer, tutor  or  instructor,  or  employe  connected  with  said  school, 
when  in  their  judgment  the  best  interests  of  said  school  re- 
quire it. 

§5148.     TUITION— NON-RESIDENTS. 

SEC.  131.  Said  school  of  mines  shall  be  a  place  for  instruc- 
tion in  the  branches  mentioned  in  section  5139,  with  or  without 
charge  to  residents  of  this  State,  as  shall  be  deemed  best  by  the 
trustees,  but  non-residents  shall  be  admitted  to  the  privileges  of 
such  school  upon  such  terms  as  the  regents  may  prescribe. 

§5149.      ASSAYS,   ETC. — COMPENSATION. 

SEC.  132.     The  board  of  regents  shall  require  such  compensa- 


40  MINING   STATUTES   OP   NEW   MEXICO 

tion  for  all  assays,  mill  tests  or  other  services  performed  by  said 
institution  as  they  may  deem  reasonable,  and  the  same  shall  be 
collected  and  paid  into  the  treasury  of  the  school  of  mines  for 
said  institution,  and  an  accurate  account  thereof  be  kept  in  a 
book  to  be  provided  for  that  purpose. 

§5150.      DECLARED  A   STATE   SCHOOL. 

SEC.  133.  The  New  Mexico  School  of  Mines  shall  be  the  State 
School  of  Mines. 

§5151.      PREPARATORY    DEPARTMENT  —  TUITION    IN    STATE 
SCHOOLS. 

SEC.  134.  The  New  Mexico  School  of  Mines  shall,  in  addition 
to  the  course  now  provided  for,  maintain  a  preparatory  depart- 
ment. 


STATE  LANDS. 

Section 

5189  Leases. 

5197  How  renewed — preference. 

5201  Coal  land — not  to  be  sold — leases — permit  to  prospect. 

5202  Id. — leases — rental — area. 

5203  Id. — leases — renewal. 

5204  Id. — Lease — tonnage — how  determined. 

5205  Id. — lease — additional  land. 

5206  Id. — lease — bond — improvements  not  to  be  mortgaged. 
52"07  Id. — lease — improvements — disposition  of. 

5208  Id. — lease — forfeiture. 

5209  Mineral  lands — leases. 

5210  Id. — locations — area. 

5211  Id. — lease — survey. 

5212  Id. — location  notice. 

5213  Id. — dscovery  shaft — lease — term — royalty. 

5214  Id. — lessee,  fraud  by. 

5215  Id. — commissioner — inspect  records. 

5216  Id. — lease — renewal — preference. 

5217  Oil  and  gas  lands — leases — term — rent — royalty — forfeiture 

5218  Saline,  oil,  gas  lands — not  to  be  sold — leases. 

5219  Saline  lands — leases — royalty. 

5220  Shale  and  clay  deposits — leases — terms. 

5221  Mineral  lands — how  developed. 
5231  Rights-of-way. 

5233  Leases — grazing  and  agricultural — mineral  reserved. 

5234  Improvements — taxation. 
5247  Contests — rules. 

§5189.      LEASES. 

SEC.  12.    All  lands  owned  by  the  State  shall  be  subject  to 
lease  as  provided  by  law. 


MINING   STATUTES   OP   NEW   MEXICO  41 

§5197.      HOW  RENEWED — PREFERENCE. 

SEC.  20.  Any  lessee  of  State  lands  desiring  to  renew  his  lease 
shall  make  application  in  writing  to  the  Commissioner  on  or  be- 
fore the  first  day  of  August  preceding  the  expiration  of  his 
lease ;  and  any  such  lessee  who  has  in  good  faith  complied  with 
all  the  requirements  of  his  lease  shall  have  a  preference  right  to 
release  for  another  term  of  years  in  accordance  with  the  laws  in 
force  at  the  time  of  the  expiration  of  his  lease. 

§5201.   COAL  LAND — NOT  TO  BE  SOLD — LEASES — PERMIT  TO 
PROSPECT. 

SEC.  24.  Lands  belonging  to  the  State  and  known  to  contain 
deposits  of  coal  shall  not  be  sold,  but  shall  be  leased  by  the  Com- 
missioner as  hereinafter  provided  in  this  chapter.  Any  person, 
association  of  persons,  or  corporation  may  apply  under  the  pro- 
visions of  this  chapter  for  an  exclusive  right  to  prospect  for 
coal,  for  which  purpose  permit  may  be  issued  covering  a  speci- 
fied area,  conforming  to  legal  subdivisions  of  not  less  than  forty 
acres  nor  more  than  six  hundred  and  forty  acres,  and  for  a  term 
not  exceeding  one  year,  and  upon  such  terms  and  conditions  as 
the  Commissioner  may  prescribe. 

§5202.      Id.— LEASES— RENTAL— AREA. 

SEC.  25.  On  or  before  the  expiration  of  such  permit,  the  Com- 
missioner may  grant  the  applicant  the  right  to  develop  and  ex- 
tract coal,  in  specified  areas,  for  periods  not  exceeding  five 
years,  on  such  terms  and  conditions  as  are  in  accordance  with 
customary  methods  of  operation  of  coal  mines  and  as  will  be 
to  the  best  interests  of  the  State ;  provided,  that  rental  therefor 
shall  be  on  a  royalty  basis,  which  shall  be  not  less  than  eight 
cents  per  ton,  payable  quarterly.  The  minimum  sum  to  be  paid 
to  the  State  under  any  such  lease  shall  be  as  follows:  for  the 
first  year,  not  less  than  three  dollars  per  acre  in  the  aggregate 
for  the  tract  leased;  second  year,  not  less  than  four  dollars  per 
acre;  and  for  each  year  thereafter  during  the  life  of  the  lease, 
not  less  than  five  dollars  per  acre.  Any  such  lessee  shall  have 
a  right  to  extend  his  development  into,  and  extract  coal  from, 
any  State  lands  contiguous  br  adjacent  to  the  lands  he  has 
leased,  and  for  such  purpose  a  lease  may  be  granted  upon  not 
exceeding  six  hundred  and  forty  acres  additional,  when  such 
additional  area  is  tributary  to  the  shaft,  slope  or  other  opening 
through  which  the  lessee  has  developed  or  is  developing  the  first 
acquired  leased  area,  provided,  that  there  shall  not  at  the  time 
be  any  other  such  lessee  of  such  contiguous  or  adjacent  lands. 


42  MINING  STATUTES   OP   NEW   MEXICO 

§5203.      Id. — LEASE — RENEWAL. 

SEC.  26.  At  the  expiration  of  any  such  lease,  the  lessee  shall 
have  the  preference  right  of  renewal,  subject  to  such  laws  as  may 
be  in  force  at  the  expiration  of  his  lease. 

§5204.      Id. — LEASE — TONNAGE — HOW  DETERMINED. 

SEC.  27.  The  Commissioner  may  employ  some  competent 
person  who  shall  measure  the  cubical  contents  of  every  opening 
from  which  coal  has  been  extracted  in  every  leased  coal  mine, 
and  shall  calculate  the  tonnage  of  coal  extracted  therefrom,  us- 
ing the  specific  gravity  of  the  coal  as  a  basis  of  calculation,  and 
shall  check  the  returns  made  by  the  lessee  against  such  calcula- 
tion, allowing  a  reasonable  percentage  for  the  usual  losses  in 
mining  and  handling  the  production,  and  shall  deduct  for  such 
bands  of  bone  or  rock  as  may  be  included  in  the  coal  seam,  but 
unfit  for  fuel. 

§52O5.      Id. — LEASE — ADDITIONAL  LAND. 

SEC.  28.  The  Commissioner  may  lease  to  the  lessee  of  any 
State  coal  lands  a  tract  of  State  lands,  adjacent  or  contiguous 
thereto,  not  exceeding  three  hundred  and  twenty  acres,  when 
such  adjacent  or  contiguous  lands  are  necessary  to  the  develop- 
ment or  operation  of  the  coal  lands  leased,  or  for  trackage,  yards, 
dwellings,  offices,  or  for  any  purpose  incidental  or  necessary  to 
the  development  or  operation  of  the  coal  lands  so  leased.  Any 
such  lease  shall  terminate  at  the  same  time  as  the  lease  upon 
the  coal  lands.  The  rental  for  the  land,  prescribed  to  be  leased 
by  this  section,  shall  be  $3.00  per  acre  per  annum.  Provided, 
that  should  such  leased  land  be  underlain  with  coal,  the  coal 
therein  shall  be  subject  to  lease,  and  the  lessee  first  mentioned 
shall  not  hinder  nor  obstruct  any  other  lessee  from  extracting 
the  coal  thereunder,  and  shall  surrender  so  much  of  said  prem- 
ises to  any  such  lessee  as  may  be  necessary  for  mine  equipment 
or  building  used  in  the  immediate  process  of  extraction  of  the 
coal;  and  the  later  lessee  shall  pay  damages  to  the  earlier  as 
same  may  appear,  be  agreed  upon,  or  as  determined  by  arbitra- 
tion in  the  manner  prescribed  by  law. 

§52O6.      Id.  —  LEASE  —  BOND  —  IMPROVEMENTS    NOT   TO    BE 
MORTGAGED. 

SEC.  29.  The  lessee  of  coal  lands  shall  not  mortgage  any  im- 
provements placed  by  him  on  said  lands,  and  any  such  mortgage 
shall  be  null  and  void. 

A  lease  to  develop  and  dispose  of  coal  shall  not  be  given  un- 


MINING  STATUTES   OP   NEW   MEXICO  43 

til  the  applicant  has  filed  a  good  and  sufficient  bond,  to  be  ap- 
proved by  the  Commissioner,  conditioned  for  the  faithful  per- 
formance of  the  terms  of  such  lease. 

§5207.      Id.— LEASE— IMPROVEMENTS— DISPOSITION  OF. 

SEC.  30.  On  the  termination  of  a  coal  lands  lease,  the  lessee 
shall  have  the  right  to  dispose  of  such  buildings  upon  such  lands 
as,  in  the  opinion  of  the  Commissioner  may  be  safely  removed 
without  injury  to  the  lands,  but  the  retiring  lessee  shall  forfeit 
so  much  of  his  improvements  as  the  Commissioner  may  deem 
necessary  to  uphold;  provided,  that  if  the  Commissioner  shall, 
at  any  time  thereafter  lease  the  premises  and  receive  payment 
for  such  improvements  so  withheld,  the  amount  so  received  shall 
be  paid  to  the  former  lessee. 

§5208.      Id.— LEASE— FORFEITURE. 

SEC.  31.  Failure  by  the  lessee  to  comply  with  the  terms  and 
conditions  of  any  such  lease,  shall  work  a  forfeiture  thereof  at 
the  option  of  the  Commissioner,  as  provided  in  this  chapter  with 
reference  to  other  forfeitures. 

§5209.      MINERAL   LANDS— LEASES. 

SEC.  32.  The  Commissioner  may  execute  leases  and  contracts 
for  the  prospecting  and  development  of  any  lodes  or  deposits 
of  metals  or  minerals  in  rock  in  place  upon  or  in  any  land  now 
belonging  to  the  State  or  which  it  may  hereafter  acquire. 

§5210.      Id.— LOCATIONS— AREA. 

SEC.  33.  Any  location  upon  lands  of  the  State  containing  any 
lode  or  deposit  of  metals  or  minerals  in  rock  in  place  shall  be  in 
the  form  of  a  rectangular  parallelogram,  except  in  case  of  a  frac- 
tional area  between  prior  appropriated  lands,  and  such  loca- 
tion shall  not  exceed  1500  feet  in  length  by  600  feet  in  width  in 
one  lot,  location  or  claim;  and  the  right  initiated  by  such  loca- 
tion to  extract  metal  bearing  ores  therefrom  shall  be  limited  by 
the  side  and  end  lines  projected  vertically  downward.  Pro- 
vided, that  for  the  purposes  of  this  chapter  it  shall  not  be  neces- 
sary that  the  angles,  at  the  corner  boundaries  of  such  lots,  loca- 
tions or  claims,  shall  be  absolutely  correct  angles  of  ninety  de- 
grees, but  approximately  right  angles,  to  be  corrected  when  sur- 
veyed, but  without  infringing  upon  adjoining  lots,  locations  or 
claims. 

§5211.     Id. — LEASE — SURVEY. 

SEC.  34.     Before  any  lease  shall  be  issued  covering  any  min- 


44  MINING  STATUTES  OF  NEW  MEXICO 

ing  claim  located  upon  State  lands,  the  location  or  claim  shall  be 
surveyed  by  some  competent  surveyor  designated  by  the  Com- 
missioner. As  far  as  possible  the  survey  shall  conform  to  the 
original  boundaries  marked  by  the  location.  The  Survey  shall 
be  tied  by  a  line,  giving  the  distance  and  direction  to  the  nearest 
section  or  quarter  section  corner,  U.  S.  Survey;  or  if  the  near- 
est quarter  section  corner  is  more  than  a  mile  distant,  then  the 
tie  shall  be  made  to  some  permanent  and  conspicuous  natural 
object,  or  to  some  durable  monument,  either  of  which  shall  be 
marked  as  a  witness  object  for  said  claim.  A  reasonable  com- 
pensation, (consistent  with  the  labor  performed  and  expense 
incurred)  shall  be  paid  to  the  surveyor  by  the  locator. 

The  surveyor  shall  file  a  plat  of  the  survey,  together  with  a 
copy  of  his  field  notes,  in  the  office  of  the  Commissioner.  A  copy 
of  such  plat  and  field  notes  shall  be  delivered  to  the  locator  by 
the  surveyor  making  such  survey. 

§5212.     Id.— LOCATION  NOTICE. 

SEC.  35.  Subject  to  the  provisions  of  this  chapter,  any  person 
may  make  locations  upon,  and  have  the  right  to  prospect  lodes 
or  deposits  as  hereinabove  in  this  chapter  described.  Such  loca- 
tions shall  be  made  in  the  manner  prescribed  by  law  applicable 
to  the  location  of  lode  claims.  A  copy  of  any  location  notice 
made  as  aforesaid  shall  be  filed  in  the  State  Land  Office,  for 
the  filing  of  which  a  fee  of  one  dollar  shall  be  paid.  Fees  thus 
received  shall  be  credited  to  the  State  Lands  Maintenance  Fund. 
Upon  filing  of  such  copy  the  Commissioner  shall  issue  a  permit 
to  -the  locator  granting  him  the  exclusive  right  to  prospect  for 
ores  or  metals  within  the  limits  of  said  location  for  a  period  of 
ninety  days  from  date  of  said  location. 

§5213.      Id. — DISCOVERY  SHAFT — LEASE — TERM — ROYALTY. 

SEC.  36.  If  within  said  period  of  ninety  days,  the  locator 
shall  sink  a  shaft  at  least  ten  feet  in  depth  upon  the  location  or 
shall  drive  a  tunnel,  adit  or  open  cut  in  such  location  a  depth  of 
not  less  than  ten  feet  below  the  surface,  and  shall  discover  ore 
in  place  upon  the  location,  upon  application  therefor  the  Com- 
missioner shall  execute  in  favor  of  such  locator,  or  his  assigns, 
a  good  and  sufficient  lease,  granting  the  right  to  mine  and  ex- 
tract ores  from  said  location  during  a  term  of  not  exceeding  five 
years  from  the  date  of  such  lease,  subject  to  the  payment  of  an 
annual  rental  of  twenty-five  dollars,  payable  annually  in  ad- 
vance, in  addition  to  which  the  lessee  or  his  heirs  or  assigns  shall 


MINING  STATUTES  OF  NEW  MEXICO  45 

pay  to  the  Commissioner  a  royalty  of  two  per  centum  of  the  cash 
returns  from  smelter,  mill  or  other  reduction  process,  from  ores 
extracted  from  said  location  or  claim,  less  transportation  and 
smelting  or  reduction  charges,  accounting  to  be  made  for  each 
shipment  when  returns  are  received  by  lessee,  or  at  choice  of 
Commissioner  to  be  paid  by  smelting  company  or  reduction 
works.  Provided,  that  on  deposits  of  precious  or  semi-precious 
stones  in  rock  in  place,  a  royally  of  five  per  centum  of  the  gross 
proceeds  shall  be  paid  by  the  lessee  or  his  assigns,  without  any 
deduction  for  transportation  or  other  charges. 

§5214.     Id.— LESSEE,  FRAUD  BY. 

SEC.  37.  Any  lessee  of  mineral  lands  under  this  chapter  who 
shall  conceal  or  attempt  to  conceal  any  of  such  returns,  or  at- 
tempt to  defraud,  the  State  out  of  any  such  royalty  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by 
imprisonment  for  not  more  than  three  years,  or  both ;  and  his 
lease  shall  be  forfeited  in  the  manner  hereinbefore  provided  in 
this  chapter. 

§5215.      Id. — COMMISSIONER — INSPECT  RECORDS. 

SEC.  38.  The  Commissioner  or  his  representative,  shall  have 
the  right  to  inspect  all  records  or  books  of  account  pertaining  to 
the  mining,  extraction,  transportation,  reduction  and  returns  of 
all  ores  taken  from  such  leased  lands. 

§5216.      Id. — LEASE — RENEWAL — PREFERENCE. 

SEC.  39.  Any  lessee  of  such  mineral  lands,  or  the  heirs,  suc- 
cessors or  assigns  of  such  lessee,  shall  have  a  preferential  right  to 
a  renewal  lease,  or  to  purchase  during  the  life  of  such  lease,  pro- 
vided all  terms  and  conditions  of  the  expiring  lease  shall  have 
been  fully  performed.  In  case  of  purchase  by  another,  one  year 's 
notice  to  vacate  shall  be  given  by  the  lessee. 

§5217.      OIL  AND  GAS  LANDS — LEASES — TERM — RENT— ROY- 
ALTY— FORFEITURE. 

SEC.  40.  The  Commissioner  may  execute  leases  for  the  extrac- 
tion of  petroleum  and  natural  gas  on  and  from  any  State  lands, 
but  no  such  lease  shall  be  for  a  term  exceeding  five  years  or  for 
an  acreage  exceeding  one  section.  No  such  lease  shall  be  made 
for  less  than  twenty-five  ($25)  dollars  per  quarter  section,  per 
annum,  during  the  term  of  the  lease,  and  in  addition  thereto 
said  lease  shall  provide  for  royalty  to  be  paid  to  the  State  of  not 


46  MINING   STATUTES   OP   NEW   MEXICO 

less  than  five  per  centum  of  the  gross  value  of  all  petroleum  and 
natural  gas  products  extracted  during  the  term  of  the  lease,  pay- 
able quarterly.  Failure  on  the  part  of  any  such  lessee  to  comply 
with  the  terms  and  conditions  of  his  lease  shall  work  a  forfeiture 
and  cancellation  thereof,  as  herein  provided  in  this  chapter. 

§5218.      SALINE,  OIL,  GAS  LANDS — NOT  TO  BE  SOLD — LEASES. 

SEC.  41.  State  saline  lands  and  State  lands  known  to  contain 
valuable  minerals,  petroleum  or  natural  gas  in  paying  quanti- 
ties, and  sections  of  State  lands  adjoining  lands  upon  which  there 
are  producing  mines,  oil  wells  or  gas  wells,  or  which  are  known 
to  contain  valuable  minerals,  petroleum  or  natural  gas  in  paying 
quantities,  shall  not  be  sold,  but  may  be  leased  as  provided  in 
this  chapter. 

§5219.      SALINE  LANDS — LEASES — ROYALTY. 

SEC.  42.  The  Commissioner  may  execute  leases  for  the  ex- 
traction of  salt  from  the  saline  lands  and  lakes  belonging  to  the 
State.  Such  leases  shall  provide  for  a  royalty  on  all  salt  ex- 
tracted therefrom  of  not  less  than  ten  cents  per  ton  payable 
quarterly. 

§5220.      SHALE  AND  CLAY  DEPOSITS — LEASES — TERMS. 

SEC.  43.  The  Commissioner  may  also  execute  leases  for  the 
mining,  extraction  or  disposition  of  shale,  clay  or  other  natural 
deposits  in  or  upon,  or  products  of,  State  lands,  not  otherwise 
provided  for  in  this  chapter,  upon  such  terms  and  conditions  as 
he  may  deem  for  the  best  interests  of  the  State  not  repugnant 
to  law.  Any  mortgage  upon  improvements  on  any  such  lands 
so"  leased  shall  be  void. 

§5221.      MINERAL  LANDS — HOW  DEVELOPED. 

SEC.  44.  All  lands  under  lease  for  extraction  of  coal  or  other 
deposits,  shall  be  developed  and  operated  in  a  workmanlike  man- 
ner and  with  a  view  to  development  of  the  whole  area  tributary 
to  the  shafts,  drifts,  tunnels  or  other  openings  made,  and  fail- 
ure of  the  lessee  or  his  assigns  to  observe  this  provision  shall  be 
cause  for  cancellation  and  forfeiture  of  the  lease  thereon  in  the 
manner  hereinbefore  provided  in  this  chapter. 

§523 1 .     RIGHTS-OF-WA  Y. 

SEC.  54.  The  Commissioner  may  grant  rights-of-way  and  ease- 
ments over,  upon  or  across  State  lands  for  public  highways,  rail- 
roads, tramways,  telegraph,  telephone  and  power  lines,  irriga- 
tion works,  mining,  logging  and  for  other  purposes,  upon  pay- 


MINING  STATUTES  OP  NEW   MEXICO  47 

ment  by  the  grantee  or  grantees  of  the  price  fixed  by  the  Com- 
missioner, which  shall  not  be  less  than  the  minimum  price  for 
the  lands,  used,  as  fixed  by  law. 

§5233.      LEASES— GRAZING   AND   AGRICULTURAL  —  MINERAL 
RESERVED. 

SEC.  56.  In  all  leases  of  State  lands  for  grazing  or  agricul- 
tural purposes  there  shall  be  inserted  a  clause  reserving  the  right 
to  execute  leases  for  mining  purposes  thereon,  or  for  the  extrac- 
tion of  petroleum,  natural  gas,  salt,  or  other  deposit  therefrom, 
and  the  right  to  sell  or  dispose  of  any  other  natural  surface 
products  of  such  lands  other  than  grazing,  agricultural  or  horti- 
cultural products;  also  a  clause  reserving  the  right  to  grant 
rights-of-way  and  easements  for  any  of  the  purposes  mentioned 
in  section  5231. 

§5234.      IMPROVEMENTS — TAXATION. 

SEC.  57.  Improvements  placed  upon  lands  leased  for  grazing, 
agricultural  or  mining  purposes  shall  be  subject  to  taxation.  In 
case  of  default  in  the  payment  of  taxes  on  such  improvements, 
and  the  sale  thereof  for  such  unpaid  taxes,  only  the  interest  of 
the  lessee  shall  be  sold. 

§5247.      CONTESTS — RULES. 

SEC.  70.  Any  person,  association  of  persons,  or  corporation 
claiming  any  right,  title,  interest  or  priority  of  claim,  in  or  to 
any  State  lands,  covered  by  any  lease,  contract,  grant  or  any 
other  instrument  executed  by  the  Commissioner,  shall  have  the 
right  to  initiate  a  contest  before  the  Commissioner  who  shall 
have  the  power  to  hear  and  determine  same.  The  Commissioner 
shall  prescribe  appropriate  rules  and  regulations  to  govern  the 
practice  and  procedure  of  such  contests. 


CONSTITUTION  OF  NEW  MEXICO 


CONSTITUTION  OF  NEW  MEXICO. 


ARTICLE  XVII.     MINES  AND  MINING. 

INSPECTOR  OF  MINES. 

SECTION  1.  There  shall  be  an  inspector  of  mines,  who  shall  be 
appointed  by  the  governor,  by  and  with  the  advice  and  consent 
of  the  senate,  for  a  term  of  four  years,  and  whose  duties  and 
salary  shall  be  as  prescribed  by  law. 

MINING  REGULATIONS  —  EMPLOYMENT  OF  CHILDREN   PRO- 
HIBITED. 

SEC.  2.  The  legislature  shall  enact  laws  requiring  the  proper 
ventilation  of  mines,  the  construction  and  maintenance  of  es- 
capement shafts  or  slopes,  and  the  adoption  and  use  of  appli- 
ances necessary  to  protect  the  health  and  secure  the  safety  of 
employes  therein.  No  children  under  the  age  of  fourteen  years 
shall  be  employed  in  mines. 


ARTICLE  VII.     INSPECTOR  OF  MINES. 

Section 

5362  State  inspector  of  mines — how  appointed. 

5363  Qualifications. 

5364  Bond — compensation. 

5365  Duties — appeal  from  order. 

5366  Inspections — refusal  to  allow. 

5367  Office  and  instruments. 

§5362.     STATE  INSPECTOR  OF  MINES— HOW  APPOINTED. 

SEC.  48.  The  state  engineer,  the  governor  and  the  president 
of  the  school  of  mines  shall  constitute  a  board  of  examiners,  who 
shall  examine  all  applicants  for  the  appointment  to  the  office  of 
state  inspector  of  mines  as  to  their  qualifications  to  hold  said 
office.  Said  board  shall  examine  all  such  applicants  and  the 
governor  shall,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, appoint  some  qualified  person  so  examined  to  said  office. 

§5363.     QUALIFICATIONS. 

SEC.  49.  No  person  shall  be  eligible  to  hold  said  office  unless 
he  be  a  citizen  of  the  United  States,  at  least  thirty  years  of  age, 
a  resident  of  New  Mexico  for  one  year  next  preceding  his  ap- 
pointment, and  shall  have  had  at  least  three  years  experience  in 


52  MINING   STATUTES   OP   NEW   MEXICO 

the  workings  of  coal  mines  in  New  Mexico,  and  at  least  five 
years  of  practical  experience  in  the  workings  of  coal  mines  in 
the  United  States,  and  have  a  practical  knowledge  of  mining  en- 
gineering, of  mine  timbering,  of  the  different  systems  of  work- 
ing and  ventilating  coal  mines,  of  the  nature  and  properties  of 
noxious  and  poisonous  gases  of  mines,  and  of  the  methods  of  dis- 
pelling the  same  and  guarding  against  explosions,  and  shall  not 
be  interested  financially  or  otherwise  in  any  coal  mine  or  com- 
pany operating  any  coal  mine  in  the  State. 

§5364.     BOND— COMPENSATION. 

SEC.  50.  The  inspector  shall  give  bond  to  the  state  in  the  sum 
of  three  thousand  dollars  ($3,000.00),  and  shall  receive  as  com- 
pensation for  his  services  the  sum  of  two  thousand  dollars 
($2,000.00)  per  annum,  payable  monthly,  and  in  addition  actual 
and  necessary  transportation  and  traveling  expenses. 

Vouchers  covering  such  expenses  for  each  month,  accompan- 
ied by  sub-vouchers  for  the  items  thereof  whenever  practical,  ex- 
cepting railroad  fares,  shall  be  submitted  to  the  state  auditor  by 
the  inspector  before  any  account  of  the  inspector  shall  be  al- 
lowed. 

§5365.      DUTIES — APPEAL  PROM  ORDER. 

SEC.  51.     The  duties  of  the  inspector  shall  be  as  follows,  to- 
wit: 
He  shall : 

(1)  Make  a  careful  and  thorough  inspection  of  every  coal 
mine  operated  in  the  State  as  often  as  in  his  opinion  may  be 
necessary. 

(2)  Proceed  without  delay  to  any  mine  within  the  State 
when  he  learns  of  any  explosion  or  other  catastrophe  therein  by 
which  lives  of  men  are  jeopardized  or  in  which  fatalities  have 
occurred,  and  render  such  aid  as  he  can  in  the  rescue  of  persons 
within  the  mine  and  in  the  protection  of  rescuers  from  danger. 

(3)  Shall  give  notice  to  the  owners,  operators  or  managers  of 
any  coal  mine  wherein  he  shall  find  improper  construction  or 
that  said  mine  is  not  furnished  with  reasonable  and  proper  ma- 
chinery and  appliances  for  the  safety  of  miners  and  other  em- 
ployes, that  said  mine  is  unsafe,  stating  in  what  particular  the 
same  is  unsafe,  and  shall  require  said  owners,  operator  or  man- 
agers to  provide  such    additional    machinery,    slopes,    entries, 
means  of  escape,  ventilation  or  other  appliances  necessary  to 


MINING   STATUTES   OP   NEW   MEXICO  53 

the  safety  of  miners  and  other  employes  of  said  mine  within  a 
period  to  be  named  in  said  notice. 

(4)  Shall  inspect  and  pass  upon  the  adequacy  and  safety  of 
all  hoisting  apparatus  in  mines,  and  may  demand  a  test  of  safe- 
ty catches  or  clutches  upon  such  hoisting  apparatus  as  often  as 
once  in  every  three  months  or  whenever  he~may  believe  such 
hoisting  apparatus  to  be  defective ;  he  shall  conduct  said  test  by 
detachment  of  the  rope  or  cable  at  a  point  in  the  shaft  or  above 
the  shaft  where  the  cage  may  be  arrested  in  its  fall  with  as  little 
wreckage  of  property  as  possible  if  the  safety  catches  or  clutches 
should  prove  defective. 

(5)  He  shall  arrange  a  uniform  system  of  mine  bell  signals 
after  consultation  with  the  engineers  in  charge  of  hoisting  ap- 
paratus and  the  operators  of  mines  within  the  State,  and  shall 
at  once  furnish  a  copy  of  the  same  to  each  mine  owner,  operator 
or  manager  within  the  State. 

(6)  Shall  make  an  annual  report  to  the  governor  on  or  be- 
fore the  first  day  of  December  of  each  year ;  which  said  report 
shall  contain  a  review  of  the  official  acts  of  the  inspector;  sta- 
tistics of  the  number  of  persons  employed  in  and  about  the  coal 
mines  in  the  State  and  of  the  production  and  the  estimated  value 
thereof,  and  a  resume  of  the  mining  conditions  generally  exist- 
ing in  the  State  during  the  said  year. 

(7)  The  Inspector  is  hereby  given  authority  at  all  reason- 
able times  to  enter  and  inspect  any  coal  mine  in  the  State  and 
the  workings  and  machinery  belonging  thereto  in  such  manner 
as  not  to  impede  or  obstruct  the  workings  of  the  mine :  to  make 
inquiry  into  the  state  of  the  mine,  works  and  machinery  thereof, 
the  ventilation  and  mode  of  lighting  the  same,  and  all  matters 
and  things  connected  with  and  relating  to  the  safety  of  employes 
in  and  about  the  mines,  and  especially  to  the  end  that  the  pro- 
visions of  law  shall  be  complied  with  by  the  owners,  operators 
or  managers  thereof;  to  require  that  some  person  of  practical 
experience  and  responsibility  representing  the  owner,  operator, 
or  manager  shall  accompany  the  said  inspector  upon  such  trips 
of  inspection  through  the  mine  in  order  that  the  inspector  may 
point  out  and  specify  any  defects  in  the  mine,  in  the  methods  of 
mining  and  in  the  equipment  and  construction  thereof,  which 
defects  may  violate  any  of  the  provisions  of  law. 

And  to  require  that  the  owner,  operator  or  manager  shall  at 
all  times  furnish  means  necessary  for  such  entry,  inspection, 
examination  and  inquiry. 


54  MINING   STATUTES   OF    NEW    MEXICO 

The  inspector  shall  make  an  entry  of  record  in  his  office  of 
the  time  and  material  circumstances  of  each  inspection. 

(8)  Every  owner,  operator  or  manager  of  any  such  mine 
shall  have  a  right  of  appeal  to  the  district  court  in  the  county 
wherein  such  mine  is  situated,  as  to  the  necessity  or  reasonable- 
ness of  the  order  or  requirements  of  the  inspector  under  any  of 
the  provisions  of  this  article  and  section  3507. 

§5366.      INSPECTIONS — REFUSAL  TO  ALLOW. 

SEC.  52.  Every  owner,  agent,  manager  or  lessee  of  any  coal 
mine  in  this  State  shall  admit  the  inspector  for  the  purpose  of 
making  examination  and  inspection,  provided  for  by  law.  Any 
owner,  agent,  operator,  manager  or  lessee  who  shall  refuse  to  al- 
low such  inspection  to  be  made  shall,  upon  conviction,  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  im- 
prisonment not  less  than  one  nor  more  than  three  months,  or  by 
both  such  fine  and  imprisonment. 

§5367.      OFFICE  AND  INSTRUMENTS. 

SEC.  53.  The  State  shall  provide  for  the  use  of  the  mine  in- 
spector a  suitable  office  with  fuel  and  light,  provided  with  ne- 
cessary furniture,  fixtures,  files  and  supplies  for  properly  con- 
ducting his  business  as  provided  in  this  article;  and  shall  fur- 
ther provide  for  the  use  of  the  inspector  an  anemometer,  a  bar- 
ometer, safety  lamps  and  other  appliances  and  instruments  nec- 
essarily required  in  the  work  of  mine  inspector. 

§5814.     SALT  LAKES. 

-SEC.  160.  All  the  salt  lakes  within  this  State,  and  the  salt 
which  has,  or  may  accumulate  on  the  shores  thereof,  is,  and 
shall  be  free  to  the  citizens,  and  each  one  shall  have  power  to 
collect  salt  on  any  occasion  free  from  molestation  or  disturbance. 
If  any  person  or  persons  shall  prevent  any  other  person  or  per- 
sons, or  shall  attempt  to  prevent  them  from  gathering  salt,  or 
going  for,  or  returning  with  it,  or  shall  arm  or  embody  them- 
selves for  any  or  either  of  the  above  purposes,  or  shall  molest  or 
disturb,  hinder  or  annoy  any  person  or  persons  gathering  salt, 
or  going  to,  or  returning  from  any  salt  lakes,  or  shall  interfere 
with  the  salt  gathered,  or  the  animals,  carts,  or  wagons,  or  any 
other  mode  of  conveyance  or  transportation,  shall  be  deemed 
guilty  of  felony,  and  punished  by  confinement  in  the  peniten- 
tiary, not  less  than  two  nor  more  than  seven  years,  or  by  fine 
of  not  less  than  one  thousand  dollars. 


MINING   STATUTES  OP   NEW   MEXICO  55 

As  to  place  of  confinement  see  Sec.  5235.  The  original  act  con- 
tains the  following  preamble:  "Whereas,  by  the  laws  of  Spain, 
and  by  the  laws  of  the  Republic  of  Mexico,  free  and  common  use 
was  granted  the  people  of  New  Mexico,  and  to  the  people  of  all  the 
states  and  provinces  of  said  Republic,  of  all  salt  lakes  within  their 
respective  limits,  precluding  all  individual  right  of  control  over  the 
same;  and  that  the  people  of  this  Territory  have  freely  exercised  that 
right  i'rom  its  earliest  settlement;  and  that  the  same  has  been  guar- 
anteed to  them  by  the  treaty  between  the  United  States  and  the  Re- 
public of  Mexico: 

And,  whereas,  one  James  Magofnn,  a  citizen  of  the  State  of  Texas, 
has  set  up  a  fictitious  claim  to  the  San  Andres  Salt  Lakes,  in  the 
southern  part  of  this  Territory,  and  has  attempted,  forcibly,  to  prevent 
the  citizens  of  this  Territory  from  taking  salt  from  the  same,  and  while 
engaged  in  the  peaceable  exercise  of  this  right,  has  attacked  them  with 
bodies  of  armed  men,  fired  upon,  aild  wounded  them,  destroyed  and 
carried  off  their  property,  and  committed  other  acts  of  wrong  and  out- 
rage against  them: 

And,  whereas,  it  is  the  duty  of  the  Legislative  Assembly  of  this 
Territory,  by  proper  laws  to  protect  its  citizens  in  their  just  rights  of 
property  and  person." 


MINING  STATUTES  OF  THE 
UNITED  STATES 


MINING  STATUTES  OF  THE 
UNITED  STATES. 


ORIGINAL  MINING  ACT. 
14  Stat.  251 ,  July  26,   1836. 

(An  Act  Granting  the  Right  of  Way  to  Ditch  and  Canal  Own- 
ers Over  the  Public  Lands,  and  for  Other  Purposes.) 
Be  it  enacted,  etc.,  That  the  mineral  lands  of  the  public  do- 
main, both  surveyed  and  unsurveyed,  are  hereby  declared  to  be 
free  and  open  to  exploration  and  occupation  by  all  citizens  of 
the  United  States,  and  those  who  have  declared  their  intention 
to  become  citizens  subject  to  such  regulations  as  may  be  pre- 
scribed by  law,  and  subject  also  to  the  local  customs  or  rules 
of  miners  in  the  several  mining  districts,  so  far  as  the  same  may 
not  be  in  conflict  with  the  laws  of  the  United  States. 

SEC.  2.  That  whenever  any  person,  or  association  of  persons, 
claim  a  vein  or  lode  of  quartz,  or  other  rock  in  place,  bearing 
gold,  silver,  cinnabar,  or  copper,  having  previously  occupied  and 
improved  the  same  according  to  the  local  customs  or  rules  of 
miners  in  the  district  where  the  same  is  situated,  and  having  ex- 
pended in  actual  labor  and  improvements  thereon,  an  amount 
of  not  less  than  $1,000,  and  in  regard  to  whose  possession  there  is 
no  controversy  or  opposing  claim,  it  shall  and  may  be  lawful  for 
said  claimant  or  association  of  claimants  to  file  in  the  local  land 
office  a  diagram  of  the  same,  so  extended  laterally  or  otherwise 
as  to  conform  to  the  local  laws,  customs,  and  rules  of  miners,  and 
to  enter  such  tract  and  receive  a  patent  therefor,  granting  such 
mine,  together  with  the  right  to  follow  such  vein  or  lode  with 
its  dips,  angles,  and  variations,  to  any  depth,  although  it  may 
enter  the  land  adjoining,  which  land  adjoining  shall  be  sold  sub- 
ject to  this  condition. 

SEC.  3.  That  upon  the  filing  of  the  diagram  as  provided  in 
the  second  section  of  this  act,  and  posting  the  same  in  a  con- 
spicuous place  on  the  claim,  together  with  a  notice  of  intention 
to  apply  for  a  patent,  the  register  of  the  land  office  shall  pub- 
lish a  notice  of  the  same  in  a  newspaper  published  nearest  to  the 
location  of  said  claim,  and  shall  also  post  such  notice  in  his  office 
for  the  period  of  90  days;  and  after  the  expiration  of  said  pe- 
riod, if  no  adverse  claim  shall  have  been  filed,  it  shall  be  the 
duty  of  the  surveyor  general,  upon  application  of  the  party,  to 


60  MINING   STATUTES   OP   THE   UNITED   STATES 

survey  the  premises  and  make  a  plat  thereof,  indorsed  with  his 
approval,  designating  the  number  and  description  of  the  loca- 
tion, the  value  of  the  labor  and  improvements,  and  the  character 
of  the  vein  exposed ;  and  upon  the  payment  to  the  proper  officer 
of  $5  per  acre,  together  with  the  cost  of  such  survey,  plat,  and 
notice,  and  giving  satisfactory  evidence  that  said  diagram  and 
notice  have  been  posted  on  the  claim  during  the  said  period  of 
90  days,  the  register  of  the  land  office  shall  transmit  to  the  Gen- 
eral Land  Office  said  plat,  survey,  and  description ;  and  a  patent 
shall  issue  for  the  same  thereupon.  But  said  plat,  survey,  or 
description  shall  in  no  case  cover  more  than  one  vein  or  lode. 
and  no  patent  shall  issue  for  more  than  one  vein  or  lode,  which 
shall  be  expressed  in  the  patent  issued. 

SEC.  4.  That  when  such  location  and  entry  of  a  mine  shall  be 
upon  unsurveyed  lands,  it  shall  and  may  be  lawful,  after  the  ex- 
tension thereto  of  the  public  surveys  to  the  limits  of  the  premises 
according  to  the  location  and  possession  and  plat  aforesaid ;  and 
the  surveyor  general  may,  in  extending  the  surveys,  vary  the 
same  from  a  rectangular  form,  to  suit  the  circumstances  of  the 
country  and  the  local  rules,  laws,  and  customs  of  miners :  Pro- 
vided, That  no  location  hereafter  shall  exceed  200  feet  in  length 
along  the  vein  for  each  locator,  with  an  additional  claim  for  dis- 
covery to  the  discoverer  of  the  lode,  with  the  right  to  follow 
such  vein  to  any  depth,  with  all  its  dips,  variations,  and  angles, 
together  with  a  reasonable  quantity  of  surface  for  the  convenient 
working  of  the  same  as  fixed  by  local  rules:  And  provided 
further,  That  no  person  may  make  more  than  one  location  on 
the  same  lode,  and  not  more  than  3.000  feet  shall  be  taken  in 
any  one  claim  by  any  association  of  persons. 

SEC.  5.  That  as  a  further  condition  of  sale,  in  the  absence  of 
necessary  legislation  by  Congress,  the  local  legislature  of  any 
State  or  Territory  may  provide  rules  for  working  mines  involv- 
ing easements,  drainage,  and  other  necessary  means  to  their  com- 
plete development ;  and  those  conditions  shall  be  fully  expressed 
in  the  patent. 

SEC.  6.  That  whenever  any  adverse  claimants  to  any  mine  lo- 
cated and  claimed  as  aforesaid  shall  appear  before  the  approval 
of  the  survey,  as  provided  in  the  third  section  of  this  act,  all 
proceedings  shall  be  stayed  until  final  settlement  and  adjudica- 
tion, in  the  courts  of  competent  jurisdiction,  of  the  rights  of 
possession  to  such  claim,  when  a  patent  may  issue  as  in  other 
cases. 


MINING   STATUTES   OF   THE   UNITED  STATES  61 

SEC.  7.  That  the  President  of  the  United  States  be,  and  is 
hereby,  authorized  to  establish  additional  land  districts,  and  to 
appoint  the  necessary  officers  under  existing  laws,  whenever  he 
may  deem  the  same  necessary  for  the  public  convenience  in  ex- 
ecuting the  provisions  of  this  act. 

SEC.  8.  That  the  right  of  way  for  the  construction  of  high- 
ways over  public  lands,  not  reserved  for  public  uses,  is  hereby 
granted. 

SEC.  9.  That  whenever,  by  priority  of  possession,  rights  to 
the  use  of  water  for  mining,  agricultural,  manufacturing,  or 
other  purposes,  have  vested  and  accrued,  and  the  same  are  re- 
cognized and  acknowledged  by  the  local  customs,  laws,  and  the 
decisions  of  courts,  the  possessors  and  owners  of  such  vested 
rights  shall  be  maintained  and  protected  in  the  same;  and  the 
right  of  way  for  the  construction  of  ditches  and  canals  for  the 
purposes  aforesaid  is  hereby  acknowledged  and  confirmed: 
Provided,  however,  That  whenever  after  the  passage  of  this  act, 
any  person  or  persons  shall,  in  the  construction  of  any  ditch  or 
canal,  injure  or  damage  the  possession  of  any  settler  on  the 
public  domain,  the  party  committing  such  injury  or  damage 
shall  be  liable  to  the  party  injured  for  such  injury  or  damage. 

SEC.  10.  That  wherever,  prior  to  the  passage  of  this  act,  up- 
on the  lands  heretofore  designated  as  mineral  lands,  which  have 
been  excluded  from  survey  and  sale,  there  have  been  homesteads 
made  by  citizens  of  the  United  States,  or  persons  who  have  de- 
clared their  intention  to  become  citizens,  which  homesteads  have 
been  made,  improved  and  used  for  agricultural  purposes,  and 
upon  which  there  have  been  no  valuable  mines  of  gold,  silver, 
cinnabar,  or  copper  discovered,  and  which  are  properly  agricul- 
tural lands,  the  said  settlers  or  owners  of  such  homesteads  shall 
have  a  right  of  preemption  thereto,  and  shall  be  entitled  to  pur- 
chase the  same  at  the  price  of  $1.25  per  acre,  and  in  quantity  not 
to  exceed  160  acres ;  or  said  parties  may  avail  themselves  of  the 
provisions  of  the  act  of  Congress  approved  May  20,  1862,  en- 
titled "An  act  to  secure  homesteads  to  actual  settlers  on  the 
public  domain, '  *  and  acts  amendatory  thereof. 

SEC.  11.  That  upon  the  survey  of  the  lands  aforesaid,  the 
Secretary  of  the  Interior  may  designate  and  set  apart  such  por- 
tions of  the  said  lands  as  are  clearly  agricultural  lands,  which 
lands  shall  thereafter  be  subject  to  preemption  and  sale  as  other 
public  lands  of  the  United  States,  and  subject  to  all  the  laws  and 
regulations  applicable  to  the  same. 


ORIGINAL  MINING  ACT— Amendment. 

16  Stat.  217,  July  9,   1870. 
MINERAL  LANDS — OCCUPATION. 

An  Act  to  Amend  "An  Act  Granting  the  Right  of  Way  to  Ditch 
and  Canal  Owners  Over  the  Public  Lands,  Etc." 

Be  it  enacted,  etc.  That  the  act  granting  the  right  of  way  to 
ditch  and  canal  owners  over  the  public  lands,  and  for  other  pur- 
poses, approved  July  26,  1866,  be,  and  the  same  is  hereby,  amend- 
ed by  adding  thereto  the  following  additional  sections,  numbered 
12,  13,  14,  15,  16,  and  17,  respectively,  which  shall  hereafter  con- 
stitute and  form  a  part  of  the  aforesaid  act. 

SEC.  12.  That  claims,  usually  called  "placers,"  including  all 
forms  of  deposit,  excepting  veins  of  quartz,  or  other  rock  in 
place,  shall  be  subject  to  entry  and  patent  under  this  act,  under 
like  circumstances  and  conditions  and  upon  similar  proceedings 
as  are  provided  for  vein  or  lode  claims :  Provided,  That  where 
the  lands  have  been  previously  surveyed  by  the  United  States, 
the  entry  in  its  exterior  limits  shall  conform  to  the  legal  sub- 
divisions of  the  public  lands,  no  further  survey  or  plat  in  such 
case  being  required,  and  the  lands  may  be  paid  for  at  the  rate 
of  $2.50  per  acre :  Provided  further,  That  legal  subdivisions  of 
40  acres  may  be  subdivided  into  10-acre  tracts ;  and  that  two  or 
more  persons,  or  associations  or  persons,  having  contiguous 
claims  of  any  size,  although  such  claims  may  be  less  than  10 
acres  each,  may  make  joint  entry  thereof:  And  provided  fur- 
ther, That  no  location  of  a  placer  claim,  hereafter  made  shall 
exceed  160  acres  for  any  one  person  or  association  of  persons, 
which  location  shall  conform  to  the  United  States  surveys ;  and 
nothing  in  this  section  contained  shall  defeat  or  impair  any 
bona  fide  preemption  or  homestead  claim  upon  agricultural 
lands,  or  authorize  the  sale  of  the  improvements  of  any  bona 
fide  settler  to  any  purchaser. 

SEC.  13.  That  where  said  person  or  association,  they  and  their 
grantors,  shall  have  held  and  worked  their  said  claims  for  a 
period  equal  to  the  time  prescribed  by  the  statute  of  limitations 
for  mining  claims  of  the  State  or  Territory  where  the  same  may 
be  situated,  evidence  of  such  possession  and  working  of  the 
claims  for  such  period  shall  be  sufficient  to  establish  a  right  to  a 


MINING  STATUTES  OP  THE  UNITED  STATES  63 

patent  thereto  under  this  act,  in  the  absence  of  any  adverse 
claim:  Provided,  however,  That  nothing  in  this  act  shall  be 
deemed  to  impair  any  lien  which  may  have  attached  in  any  way 
tvhatev3;  to  a*iy  mining  claim  or  property  thereto  attached  prior 
to  the  issuance  of  a  patent. 

SEC.  14.  That  all  ex  parte  affidavits  required  to  be  made  un- 
der this  act,  or  the  act  of  which  it  is  amendatory,  may  be  verified 
before  any  officer  authorized  to  administer  oaths  within  the  land 
district  where  the  claims  may  be  situated. 

SEC.  15.  That  registers  and  receivers  shall  receive  the  same 
fees  for  services  under  this  act  as  are  provided  by  law  for  like 
services  under  other  acts  of  Congress;  and  that  effect  shall  be 
given  to  the  foregoing  act  according  to  such  regulations  as  may 
be  prescribed  by  the  Commissioner  of  the  General  Land  Office. 

SEC.  16.  That  so  much  of  the  act  of  March  3,  1853,  entitled 
"An  act  to  provide  for  the  survey  of  the  public  lands  in  Calif- 
ornia, the  granting  of  preemption  rights,  and  for  other  pur- 
poses," as  provides  that  none  other  than  township  lines  shall  be 
surveyed  where  the  lands  are  mineral,  is  hereby  repealed.  And 
the  public  surveys  are  hereby  extended  over  all  such  lands :  Pro- 
vided, That  all  subdividing  of  surveyed  lands  into  lots  less  than 
160  acres  may  be  done  by  county  and  local  surveyors  at  the  ex- 
pense of  the  claimants:  And  provided  further,  That  nothing 
herein  contained  shall  require  the  survey  of  waste  or  useless 
lands. 

SEC.  17.  That  none  of  the  rights  conferred  by  sections  5,  8, 
and  9  of  the  act  to  which  this  act  is  amendatory  shall  be  abro- 
gated by  this  act,  and  the  same  are  hereby  extended  to  all  public 
lands  affected  by  this  act ;  and  all  patents  granted,  or  preemption 
or  homesteads  allowed,  shall  be  subject  to  any  vested  and  accrued 
water  right,  or  rights  to  ditches  and  reservoirs  used  in  connec- 
tion with  such  water  rights,  as  may  have  been  acquired  under  or 
recognized  by  the  ninth  section  of  the  act  of  which  this  act  is 
amendatory.  But  nothing  in  this  act  shall  be  construed  to  re- 
peal, impair,  or  in  any  way  affect  the  provisions  of  the  "Act 
granting  to  A.  Sutro  the  right  of  way  and  other  privileges  to 
aid  in  the  construction  of  a  draining  and  exploring  tunnel  to  the 
Comstock  lode,  in  the  State  of  Nevada/*  approved  July  25,  1866. 


64  MINING   STATUTES   OF   THE   UNITED   STATES 

MINING  ACT— REVISION. 
17  Stat.  01,  May  10,   1872. 

An  Act  to  Promote  the  Development  of  the  Mining  Resources 

of  the  United  States. 

Be  it  enacted,  etc.,  That  all  valuable  mineral  deposits  of  lands 
belonging  to  the  United  States,  both  surveyed  and  unsurveyed, 
are  hereby  declared  to  be  free  and  open  to  exploration  and  pur- 
chase, and  the  lands  in  which  they  are  found  to  occupation  and 
purchase,  by  citizens  of  the  United  States  and  those  who  have 
declared  their  intention  to  become  such,  under  regulations  pre- 
scribed by  law,  and  according  to  the  local  customs  or  rules  of 
miners,  in  the  several  mining  districts,  so  far  as  the  same  are 
applicable  and  not  inconsistent  with  the  laws  of  the  United 
States. 

SEC.  2.  That  mining  claims  upon  veins  or  lodes  of  quartz  or 
other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  cop- 
per, or  other  valuable  deposits  heretofore  located,  shall  be  gov- 
erned as  to  length  along  the  vein  or  lode  by  the  customs,  regu- 
lations, and  laws  in  force  at  the  date  of  their  location.  A  mining 
claim  located  after  the  passage  of  this  act,  whether  located  by 
one  or  more  persons,  may  equal,  but  shall  not  exceed,  1,500  feet 
in  length  along  the  vein  or  lode;  but  no  location  of  a  mining 
claim  shall  be  made  until  the  discovery  of  the  vein  or  lode  within 
the  limits  of  the  claim  located.  No  claim  shall  extend  more  than 
300  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface, 
nor  shall  any  claim  be  limited  by  any  mining  regulation  to  less 
than  25  feet  on  each  side  of  the  middle  of  the  vein  at  the  sur- 
face, except  where  adverse  rights  existing  at  the  passage  of  this 
act  shall  render  such  limitation  necessary.  The  end  lines  of  each 
claim  shall  be  parallel  to  each  other. 

SEC.  3.  That  the  locators  of  all  mining  locations  heretofore 
made,  or  which  shall  hereafter  be  made,  on  any  mineral  vein, 
lode,  or  ledge,  situated  on  the  public  domain,  their  heirs  and  as- 
signs, where  no  adverse  claim  exists  at  the  passage  of  this  act, 
so  long  as  they  comply  with  the  laws  of  the  United  States,  and 
with  State,  Territorial,  and  local  regulations  not  in  conflict  with 
said  laws  of  the  United  States  governing  their  possessory  title, 
shall  have  the  exclusive  right  of  possession  and  enjoyment  of  all 
the  surface  included  within  the  lines  of  their  locations,  and  of  all 
veins,  lodes,  and  ledges  throughout  their  entire  depth,  the  top 
or  apex  of  which  lies  inside  of  such  surface  lines  extended  down- 
ward vertically,  although  such  veins,  lodes,  or  ledges  may  so  far 


MINING   STATUTES   OF   THE   UNITED   STATES  65 

depart  from  a  perpendicular  in  their  course  downward  as  to  ex- 
tend outside  the  vertical  side  lines  of  said  surface  locations: 
Provided,  That  their  right  of  possession  to  such  outside  parts  of 
said  veins  or  ledges  shall  be  confined  to  such  portions  thereof  as 
lie  between  vertical  planes  drawn  downward  as  aforesaid, 
through  the  end  lines  of  their  locations,  so  continued  in  their 
own  direction  that  such  planes  will  intersect  such  exterior  parts 
of  said  veins  or  ledges :  And  provided  further,  That  nothing  in 
this  section  shall  authorize  the  locator  or  the  possessor  of  a  vein 
or  lode  which  extends  in  its  downward  course  beyond  the  vertical 
lines  of  his  claim  to  enter  upon  the  surface  of  a  claim  owned  or 
possessed  by  another. 

SEC.  4.  That  where  a  tunnel  is  run  for  the  development  of 
a  vein  or  lode,  or  for  the  discovery  of  mines,  the  owners  of  such 
tunnel  shall  have  the  right  of  possession  of  all  veins  or  lodes 
within  3,000  feet  from  the  face  of  such  tunnel  on  the  line  there- 
of, not  previously  known  to  exist,  discovered  in  such  tunnel,  to 
the  same  extent  as  if  discovered  from  the  surface ;  and  locations 
on  the  line  of  such  tunnel  of  veins  or  lodes  not  appearing  on  the 
surface,  made  by  other  parties  after  the  commencement  of  the 
tunnel,  and  while  the  same  is  being  prosecuted  with  reasonable 
diligence,  shall  be  invalid ;  but  failure  to  prosecute  the  work  on 
the  tunnel  for  six  months  shall  be  considered  as  an  abandonment 
of  the  right  to  all  undiscovered  veins  on  the  line  of  said  tunnel. 

SEC.  5.  That  the  miners  of  each  mining  district  may  make 
rules  and  regulations  not  in  conflict  with  the  laws  of  the  United 
States,  or  with  the  laws  of  the  State  or  Territory  in  which  the 
district  is  situated,  governing  the  location,  manner  of  recording, 
amount  of  work  necessary  to  hold  possession  of  a  mining  claim, 
subject  to  the  following  requirements:  The  location  must  be 
distinctly  marked  on  the  ground  so  that  its  boundaries  can  be 
readily  traced.  All  records  of  mining  claims  hereafter  made 
shall  contain  the  name  or  names  of  the  locators,  the  date  of  loca- 
tion, and  such  a  description  of  the  claim  or  claims  located  by  ref- 
erence to  some  natural  object  or  permanent  monuments  as  will 
identify  the  claim.  On  each  claim  located  after  the  passage  of 
this  act,  and  until  a  patent  shall  have  been  issued  therefor,  not 
less  than  $100  worth  of  labor  shall  be  performed  or  improve- 
ments made  during  each  year.  On  all  claims  located  prior  to  the 
passage  of  this  act,  $10  worth  of  labor  shall  be  performed  or 
improvements  made  each  year  for  each  100  feet  in  length  along 
the  vein  until  a  patent  shall  have  been  issued  therefor ;  but  where 


66  MINING  STATUTES  OF   THE   UNITED  STATES 

such  claims  are  held  in  common,  such  expenditure  may  be  made 
upon  any  one  claim;  and  upon  a  failure  to  comply  with  these 
conditions,  the  claim  or  mine  upon  which  such  failure  occurred 
shall  be  open  to  relocation  in  the  same  manner  as  if  no  location 
of  the  same  had  ever  been  made:  Provided,  That  the  original 
locators,  their  heirs,  assigns,  or  legal  representatives,  have  not 
resumed  work  upon  the  claim  after  such  failure  and  before  such 
location.  Upon  the  failure  of  any  one  of  several  co-owners  to 
contribute  his  proportion  of  the  expenditures  required  by  this 
act,  the  co-owners  who  have  performed  the  labor  or  made  the 
improvements  may,  at  the  expiration  of  the  year,  give  such  de- 
linquent co-owner  personal  notice  in  writing  or  notice  by  publi- 
cation in  the  newspaper  published  nearest  the  claim,  for  at  least 
once  a  week  for  90  days,  and  if  at  the  expiration  of  90  days  af- 
ter such  notice  in  writing  or  by  publication  such  delinquent 
should  fail  or  refuse  to  contribute  his  proportion  to  comply  with 
this  act,  his  interest  in  the  claim  shall  become  the  property  of 
his  co-owners  who  have  made  the  required  expenditures. 

SEC.  6.  That  a  patent  for  any  land  claimed  and  located  for 
valuable  deposits  may  be  obtained  in  the  following  manner: 
Any  person,  association,  or  corporation  authorized  to  locate  a 
claim  under  this  act,  having  claimed  and  located  a  piece  of  land 
for  such  purposes,  who  has,  or  have,  complied  with  the  terms  of 
this  act,  may  file  in  the  proper  land  office  an  application  for  a 
patent,  under  oath,  showing  such  compliance,  together  with  a 
plat  and  field  notes  of  the  claim  or  claims  in  common,  made  by 
or  under  the  direction  of  the  United  States  surveyor  general, 
showing  accurately  the  boundaries  of  the  claim  or  claims,  which 
shall  be  distinctly  marked  by  monuments  on  the  ground,  and 
shall  post  a  copy  of  such  plat,  together  with  a  notice  of  such  ap- 
plication for  a  patent  in  a  conspicuous  place  on  the  land  em- 
braced in  such  plat  previous  to  the  filing  of  the  application  for 
a  patent,  and  shall  file  an  affidavit  of  at  least  two  persons  that 
such  notice  has  been  duly  posted  as  aforesaid,  and  shall  file  a 
copy  of  said  notice  in  such  land  office,  and  shall  thereupon  be 
entitled  to  a  patent  for  said  land,  in  the  manner  following :  The 
register  of  the  land  office,  upon  the  filing  of  such  application, 
plat,  field  notes,  notices,  and  affidavits,  shall  publish  a  notice 
that  such  application  has  been  made,  for  the  period  of  60  days, 
in  a  newspaper  to  be  by  him  designated  as  published  nearest  to 
said  claim ;  and  he  shall  also  post  such  notice  in  his  office  for  the 
same  period.  The  claimant  at  the  time  of  filing  this  application, 


MINING  STATUTES   OP  THE  UNITED  STATES  67, 

or  at  any  time  thereafter,  within  the  60  days  of  publication, 
shall  file  with  the  register  a  certificate  of  the  United  Sates  sur- 
veyor general  that  $500  worth  of  labor  has  been  expended  or  im- 
provements made  upon  the  claim  by  himself  or  grantors;  that 
the  plat  is  correct,  with  such  further  description  by  such  ref- 
erence to  natural  objects  or  permanent  monuments  as  shall  iden- 
tify the  claim,  and  furnish  an  accurate  description,  to  be  incor- 
porated in  the  patent.  At  the  expiration  of  the  60  days  of  pub- 
lication the  claimant  shall  file  his  affidavit,  showing  that  the  plat 
and  notice  have  been  posted  in  a  conspicuous  place  on  the  claim 
during  said  period  of  publication.  If  no  adverse  claim  shall 
have  been  filed  with  the  register  and  the  receiver  of  the  proper 
land  office  at  the  expiration  of  the  60  days  of  publication,  it 
shall  be  assumed  that  the  applicant  is  entitled  to  a  patent,  upon 
the  payment  to  the  proper  officer  of  $5  per  acre,  and  that  no  ad- 
verse claim  exists ;  and  thereafter  no  objection  from  third  parties 
to  the  issuance  of  a  patent  shall  be  heard,  except  it  be  shown  that 
the  applicant  has  failed  to  comply  with  this  act. 

SEC.  7.  That  where  an  adverse  claim  shall  be  filed  during  the 
period  of  publication,  it  shall  be  upon  oath  of  the  person  or  per- 
sons making  the  same,  and  shall  show  the  nature,  boundaries,  and 
extent  of  such  adverse  claim,  and  all  proceedings,  except  the 
publication  of  notice  and  making  and  filing  of  the  affidavit 
thereof,  shall  be  stayed  until  the  controversy  shall  have  been 
settled  or  decided  by  a  court  of  competent  jurisdiction,  or  the 
adverse  claim  waived.  It  shall  be  the  duty  of  the  adverse  claim- 
ant, within  30  days  after  filing  his  claim,  to  commence  proceed* 
ings  in  a  court  of  competent  jurisdiction,  to  determine  the  ques- 
tion of  the  right  of  possession,  and  prosecute  the  same  with  rea- 
sonable diligence  to  final  judgment ;  and  a  failure  so  to  do  shall 
be  a  waiver  of  his  adverse  claim.  After  such  judgment  shall 
have  been  rendered,  the  party  entitled  to  the  possession  of  the 
claim,  or  any  portion  thereof,  may,  without  giving  further  no- 
tice, file  a  certified  copy  of  the  judgment  roll  with  the  register 
of  the  land  office,  together  with  the  certificate  of  the  surveyor 
general  that  the  requisite  amount  of  labor  has  been  expended,  or 
improvements  made  thereon,  and  the  description  required  in 
other  cases,  and  shall  pay  to  the  receiver  $5  per  acre  for  his 
claim,  together  with  the  proper  fees,  whereupon  the  whole  pro- 
ceedings and  the  judgment  roll  shall  be  certified  by  the  register 
to  the  Commissioner  of  the  General  Land  Office,  and  a  patent 
shall  issue  thereon  for  the  claim,  or  such  portion  thereof  as  the 


68  MINING  STATUTES   OP   THE   UNITED   STATES 

applicant  shall  appear,  from  the  decision  of  the  court  to  rightly 
possess.  If  it  shall  appear  from  the  decision  of  the  court  that 
several  parties  are  entitled  to  separate  and  different  portions  of 
the  claim,  each  party  may  pay  for  his  portion  of  the  claim,  with 
the  proper  fees,  and  file  the  certificate  and  description  by  the 
surveyor  general,  whereupon  the  register  shall  certify  the  pro- 
ceedings and  judgment  roll  to  the  Commissioner  of  the  General 
Land  Office,  as  in  the  preceding  case,  and  patents  shall  issue 
to  the  several  parties  according  to  their  respective  rights.  Proof 
of  citizenship  under  this  act,  or  the  acts  of  July  26,  1866,  and 
July  9,  1870,  in  the  case  of  an  individual,  may  consist  of  his  own 
affidavit  thereof,  and  in  case  of  an  association  of  persons  unin- 
corporated, of  the  affidavit  of  their  authorized  agent,  made  on 
his  own  knowledge  or  upon  information  and  belief,  and  in  case 
of  a  corporation  organized  under  the  laws  of  the  United  States, 
or  of  any  State  or  Territory  of  the  United  States,  by  the  filing 
of  a  certified  copy  of  their  charter  or  certificate  of  incorpora- 
tion ;  and  nothing  herein  contained  shall  be  construed  to  prevent 
the  alienation  of  the  title  conveyed  by  a  patent  for  a  mining 
claim  to  any  person  whatever. 

SEC.  8.  That  the  description  of  vein  or  lode  claims,  upon  sur- 
veyed lands,  shall  designate  the  location  of  the  claim  with  ref- 
erence to  the  lines  of  the  public  surveys,  but  need  not  conform 
therewith;  but  where  a  patent  shallbe  issued  as  aforesaid  for 
claims  upon  unsurveyed  lands,  the  surveyor  general,  in  extend- 
ing the  surveys,  shall  adjust  the  same  to  the  boundaries  of  such 
patented  claim,  according  to  the  plat  or  description  thereof,  but 
so.  as  in  no  case  to  interfere  with  or  change  the  location  of  any 
such  patented  claim. 

SEC.  9.  That  sections  1,  2,  3,  4,  and  6  of  an  act  entitled  "An 
act  granting  the  right  of  way  to  ditch  and  canal  owners  over  the 
public  lands,  and  for  other  purposes,'*  approved  July  26,  1866, 
are  hereby  repealed,  but  such  repeal  shall  not  affect  existing 
rights.  Applications  for  patents  for  mining  claims  now  pend- 
ing may  be  prosecuted  to  a  final  decision  in  the  General  Land 
Office;  but  in  such  cases  where  adverse  rights  are  not  affected 
thereby,  patents  may  issue  in  pursuance  of  the  provisions  of  this 
act;  and  all  patents  for  mining  claims  heretofore  issued  under 
the  act  of  July  26,  1866,  shall  convey  all  the  rights  and  privi- 
leges conferred  by  this  act  where  no  adverse  rights  exist  at  the 
time  of  the  passage  of  this  act. 

SEC.  10.    That  the  act  entitled  "An  act  to  amend  an  act  grant- 


MINING   STATUTES  OP  THE  UNITED  STATES  69 

ing  the  right  of  way  to  ditch  and  canal  owners  over  the  public 
lands,  and  for  other  purposes,"  approved  July  9,  1870,  shall  be 
and  remain  in  full  force,  except  as  to  the  proceedings  to  obtain  a 
patent,  which  shall  be  similar  to  the  proceedings  prescribed  by 
sections  6  and  7  of  this  act  for  obtaining  patents  to  vein  or  lode 
claims;  but  where  said  placer  claims  shall  be  upon  surveyed 
lands,  and  conform  to  legal  subdivisions,  no  further  survey  or 
plat  shall  be  required,  and  all  placer  mining  claims  hereafter 
located  shall  conform  as  near  as  practicable  with  the  United 
States  system  of  public  land  surveys,  and  the  rectangular  sub- 
divisions of  such  surveys,  and  no  such  location  shall  include  more 
than  20  acres  for  each  individual  claimant,  but  where  placer 
claims  can  not  be  conformed  to  legal  subdivisions,  survey  and 
plat  shall  be  made  as  on  unsurveyed  lands :  Provided,  That  pro- 
ceedings now  pending  may  be  prosecuted  to  their  final  determi- 
nation under  existing  laws ;  but  the  provisions  of  this  act,  when 
not  in  conflict  with  existing  laws,  shall  apply  to  such  cases :  And 
provided  also,  That  where  by  the  segregation  of  mineral  land  in 
any  legal  subdivision,  a  quantity  of  agricultural  land  less  than 
40  acres  remains,  said  fractional  portion  of  agricultural  land 
may  be  entered  by  any  party  qualified  by  law,  for  homestead  or 
preemption  purposes. 

SEC.  11.  That  where  the  same  person,  association,  or  corpora- 
tion is  in  possession  of  a  placer  claim,  and  also  a  vein  or  lode  in- 
cluded within  the  boundaries  thereof,  application  shall  be  made 
for  a  patent  for  the  placer  claim,  with  the  statement  that  it  in- 
cludes such  vein  or  lode,  and  in  such  case,  (subject  to  the  pro- 
visions of  this  act  and  the  act  entitled  ''An  act  to  amend  an  act 
granting  the  right  of  way  to  ditch  and  canal  owners  over  the 
public  lands,  and  for  other  purposes,"  approved  July  9,  1870),  a 
patent  shall  issue  for  the  placer  claim  including  such  vein  or 
lode,  upon  the  payment  of  $5  per  acre  for  such  vein  or  lode 
claim,  and  25  feet  of  surface  on  each  side  thereof.  The  remain- 
der of  the  placer  claim,  or  any  placer  claim  not  embracing  any 
vein  or  lode  claim,  shall  be  paid  for  at  the  rate  of  $2.50  per 
acre,  together  with  all  costs  of  proceedings;  and  where  a  vein 
or  lode,  such  as  is  described  in  the  second  section  of  this  act,  is 
known  to  exist  within  the  boundaries  of  a  placer  claim,  an  ap- 
plication for  a  patent  for  such  placer  claim  which  does  not  in- 
clude an  application  for  the  vein  or  lode  claim  shall  be  construed 
as  a  conclusive  declaration  that  the  claimant  of  the  placer  claim 
has  no  right  of  possession  of  the  vein  or  lode  claim;  but  where 


70  MINING  STATUTES   OP   THE   UNITED   STATES 

the  existence  of  a  vein  or  lode  in  a  placer  claim  is  not  known,  a 
patent  for  the  placer  claim  shall  convey  all  valuable  mineral  and 
other  deposits  within  the  boundaries  thereof. 

SEC.  12.  That  the  surveyor  general  of  the  United  States  may 
appoint  in  each  land  district  containing  mineral  lands  as  many 
competent  surveyors  as  shall  apply  for  appointment  to  survey 
mining  claims.  The  expenses  of  the  survey  of  vein  or  lode 
claims,  and  the  survey  and  subdivisions  of  placer  claims  into 
smaller  quantities  than  160  acres,  together  with  the  cost  of  pub- 
lication of  notices,  shall  be  paid  by  the  applicants,  and  they  shall 
be  at  liberty  to  obtain  the  same  at  the  most  reasonable  rates,  and 
they  shall  also  be  at  liberty  to  employ  any  United  States  deputy 
surveyor  to  make  the  survey.  The  Commissioner  of  the  General 
Land  Office  shall  also  have  power  to  establish  the  maximum 
charges  for  surveys  and  publication  of  notices  under  this  act; 
and,  in  case  of  excessive  charges  for  publication,  he  may  desig- 
nate any  newspaper  published  in  a  land  district  where  mines 
are  situated  for  the  publication  of  mining  notices  in  such  dis- 
trict, and  fix  the  rates  to  be  charged  by  such  paper ;  and,  to  the 
end  that  the  commissioner  may  be  fully  informed  on  the  sub- 
ject, each  applicant  shall  file  with  the  register  a  sworn  state- 
ment of  all  charges  and  fees  paid  by  said  applicant  for  publica- 
tion and  surveys,  together  with  all  fees  and  money  paid  the 
register  and  the  receiver  of  the  Land  Office,  which  statement 
shall  be  transmitted,  with  the  other  papers  in  the  case,  to  the 
Commissioner  of  the  General  Land  Office.  The  fees  of  the  reg- 
ister and  receiver  shall  be  $5  each  for  filing  and  acting  upon 
each  application  for  patent  or  adverse  claim  filed,  and  they 
shall  be  allowed  the  amount  fixed  by  law  for  reducing  testimony 
to  writing,  when  done  in  the  Land  Office,  such  fees  and  allow- 
ances to  be  paid  by  the  respective  parties ;  and  no  other  fees  shall 
be  charged  by  them  in  such  cases.  Nothing  in  this  act  shall  be 
construed  to  enlarge  or  affect  the  rights  of  either  party  in  re- 
gard to  any  property  in  controversy  at  the  time  of  the  passage  of 
this  act,  or  of  the  act  entitled  "An  act  granting  the  right  of  way 
to  ditch  and  canal  owners  over  public  lands,  and  for  other  pur- 
poses,M  approved  July  26,  1866,  nor  shall  this  act  affect  any 
right  acquired  under  this  act;  and  nothing  in  this  act  shall  be 
construed  to  repeal,  impair,  or  in  any  way  affect  the  provisions 
of  an  act  entitled  ' '  An  act  granting  to  A.  Sutro  the  right  of  way, 
and  other  privileges  to  aid  in  the  construction  of  a  draining  and 
exploring  tunnel  to  the  Comstock  lode  in  the  State  of  Nevada," 
approved  July  25,  1866. 


MINING   STATUTES   OP   THE   UNITED   STATES  71 

SEC.  13.  That  all  affidavits  required  to  be  made  under  this 
act,  or  the  act  of  which  it  is  amendatory,  may  be  verified  before 
any  officer  authorized  to  administer  oaths  within  the  land  dis- 
trict where  the  claims  may  be  situated,  and  all  testimony  and 
proofs  may  be  taken  before  any  such  officer,  and,  when  duly 
certified  by  the  officer  taking  the  same,  shall  have  the  same  force 
and  effect  as  if  taken  before  the  register  and  receiver  of  the 
Land  Office.  In  cases  of  contest  as  to  the  mineral  or  agricul- 
tural character  of  land,  the  testimony  and  proofs  may  be  taken 
as  herein  provided  on  personal  notice  of  at  least  10  days  to  the 
opposing  party ;  or  if  said  party  cannot  be  found,  then  by  publi- 
cation of  at  least  once  a  week  for  30  days  in  a  newspaper,  to  be 
designated  by  the  register  of  the  Land  Office  as  published  near- 
est to  the  location  of  such  land;  and  the  register  shall  require 
proof  that  such  notice  has  been  given. 

SEC.  14.  That  where  two  or  more  veins  intersect  or  cross  each 
other,  priority  of  title  shall  govern,  and  such  prior  location  shall 
be  entitled  to  all  ore  or  mineral  contained  within  the  space  of  in- 
tersection: Provided,  however,  That  the  subsequent  location 
shall  have  the  right  of  way  through  said  space  of  intersection 
for  the  purposes  of  the  convenient  working  of  the  said  mine: 
And  provided  also,  That  where  two  or  more  veins  unite,  the  old- 
est or  prior  location  shall  take  the  vein  below  the  point  of  union, 
including  all  the  space  of  intersection. 

SEC.  15.  That  where  nonmineral  land  not  contiguous  to  the 
vein  or  lode  is  used  or  occupied  by  the  proprietor  of  such  vein 
or  lode  for  mining  or  milling  purposes,  such  nonadjacent  sur- 
face ground  may  be  embraced  and  included  in  an  application  for 
a  patent  for  such  vein  or  lode,  and  the  same  may  be  patented 
therewith,  subject  to  the  same  preliminary  requirements  as  to 
survey  and  notice  as  are  applicable  under  this  act  to  veins  or 
lodes :  Provided,  That  no  location  hereafter  made  of  such  non- 
adjacent  land  shall  exceed  5  acres,  and  payment  for  the  same 
must  be  made  at  the  same  rate  as  fixed  by  this  act  for  the  super- 
fices  of  the  lode.  The  owner  of  a  quartz  mill  or  reduction 
works,  not  owning  a  mine  in  connection  therewith,  may  also  re- 
ceive a  patent  for  his  mill  site,  as  provided  in  this  section. 

SEC.  16.  That  all  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed:  Provided,  That  nothing  contained  in  this 
act  shall  be  construed  to  impair,  in  any  way,  rights  or  interests 
in  mining  property  acquired  under  existing  laws. 


72  MINING   STATUTES   OP   NEW   MEXICO 

AMENDMENT  TO  17  STAT.  91. 

said  section  shall  be  liable  at  the  suit  of  the  party  of  person 
18  Stat.  61,  June  6,   1874. 

An  Act  to  Amend  An  Act  Entitled  "An  Act  to  Promote  the  De- 
velopment of  the  Mining  Resources  of  the  United  States," 
passed  May  10,  1872. 

Be  it  enacted,  etc.,  That  the  provisions  of  the  fifth  section  of 
the  act  entitled  "An  act  to  promote  the  development  of  the 
mining  resources  of  the  United  States,"  passed  May  10,  1872, 
which  requires  expenditures  of  labor  and  improvements  on 
claims  located  prior  to  the  passage  of  said  act,  are  hereby  so 
amended  that  the  time  for  the  first  annual  expenditure  on 
claims  located  prior  to  the  passage  of  said  act  shall  be  extended 
to  the  1st  day  of  January,  1875. 


MINING  STATUTES  OF  THE 
UNITED  STATES. 

Sections  Relating  to  Metalliferous  Mining1. 


§2318,  Revised  Statutes. 

In  all  cases  lands  valuable  for  minerals  shall  be  reserved  from 
sale,  excepting  as  otherwise  expressly  directed  by  law. 

The  various  provisions  of  the  original  mining  statutes,  including 
the  several  acts  of  July  4,  1866  (14  Stat.  85),  July  26,  1866  (14  Stat, 
251),  July  9,  1870  (16  Stat.  217),  May  10,  1872  (17  Stat.  91),  February 
18,  1873  (17  Stat.  465),  and  March  3,  1873  (17  Stat.  607),  are  codified 
and  embodied  within  this  and  the  following  sections  of  the  Revised 
Statutes. 

The  act  of  May  10,  1872  (17  Stat.  91),  was  the  foundation  of  the  ex- 
isting system  of  mining  laws  by  which  citizens  of  the  United  States 
acquired  rights  to  the  public  mineral  lands,  and  the  provisions  of  that 
act  are  now  embodied  in  this  and  the  succeeding  sections. 

This  section,  with  sections  2319  R.  S.  to  2326  R.  S.,  are  parts  of  the 
system  of  pre-emption  laws  providing  for  the  sale  and  acquisition  of 
title  to  the  public  mineral  lands  of  the  United  States;  and  as  they 
concern  the  same  subject-matter  they  may  be  construed  together  and 
effect  must  be  given  to  each  section  and  provision  of  the  law  so  far  as 
possible. 

This  and  other  sections  of  the  mining  laws  recognize  and  sanction 
the  custom  long  prevalent  among  the  miners  of  the  Pacific  Coast  of 
organizing  mining  districts  and  adopting  local  laws  or  rules  govern- 
ing the  location,  recording,  and  working  of  mining  claims,  and  miners 
are  authorized  to  make  rules  and  regulations  in  addition  to  but  not  in 
conflict  with  those  prescribed  by  Congress. 

This  section  is  declaratory  of  the  general  policy  of  the  Government 
with  respect  to  her  mineral  lands. 

§2319,  Revised  Statutes. 

All  valuable  mineral  deposits  in  lands  belonging  to  the  United 
States,  both  surveyed  and  unsurveyed,  are  hereby  declared  to  be 
free  and  open  to  exploration  and  purchase,  and  the  lands  in 
which  they  are  found  to  occupation  and  purchase,  by  citizens  of 
the  United  States  and  those  who  have  declared  their  intention 
to  become  such  under  regulations  prescribed  by  law,  and  accord- 
ing to  the  local  customs  or  rules  of  miners  in  the  several  mining 
districts,  so  far  as  the  same  are  applicable  and  not  inconsistent 
with  the  laws  of  the  United  States. 


74  MINING   STATUTES   OF   THE   UNITED   STATES 

§2320,  Revised  Statutes. 

Mining  claims  upon  veins  or  lodes  of  quartz  or  other  rock  in 
place  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other 
valuable  deposits  heretofore  located,  shall  be  governed  as  to 
length  along  the  vein  or  lode  by  the  customs,  regulations,  and 
laws  in  force  at  the  date  of  their  location.  A  mining  claim  lo- 
cated after  the  10th  day  of  May,  1872,  whether  located  by  one  or 
more  persons,  may  equal,  but  not  exceed,  1,500  feet  in  length 
along  the  vein  or  lode ;  but  no  location  of  a  mining  claim  shall 
be  made  until  the  discovery  of  the  vein  or  lode  within  the  limits 
of  the  claim  located.  No  claim  shall  extend  more  than  300  feet 
on  each  side  of  the  middle  of  the  vein  at  the  surface,  nor  shall 
any  claim  be  limited  by  any  mining  regulation  to  less  than  25 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  ex- 
cept where  adverse  rights  existing  on  the  10th  day  of  May,  1872, 
render  such  limitation  necessary.  The  end  lines  of  each  claim 
shall  be  parallel  to  each  other. 

§2321,  Revised  Statutes. 

Proof  of  citizenship,  under  this  chapter,  may  consist,  in  the 
case  of  an  individual,  of  his  own  affidavit  thereof;  in  the  case 
of  an  association  of  persons  unincorporated,  of  the  affidavit  of 
their  authorized  agent,  made  on  his  own  knowledge  or  upon  in- 
formation and  belief ;  and  in  the  case  of  a  corporation  organized 
under  the  laws  of  the  United  States,  or  of  any  State  or  Territory 
thereof,  by  the  filing  of  a  certified  copy  of  their  charter  or  cer- 
tificate of  incorporation. 

§2322,  Revised  Statutes. 

The  locators  of  all  mining  locations  heretofore  made,  or  which 
shall  hereafter  be  made,  on  any  mineral  vein,  lode,  or  ledge,  sit- 
uated on  the  public  domain,  their  heirs  and  assigns,  where  no 
adverse  claim  exists  on  the  10th  day  of  May,  1872,  so  long  as 
they  comply  with  the  laws  of  the  United  States,  and  with  State, 
Territorial,  and  local  regulations  not  in  conflict  with  the  laws 
of  the  United  States  governing  their  possessory  title,  shall  have 
the  exclusive  right  of  possession  and  enjoyment  of  all  the  surface 
included  within  the  lines  of  their  locations,  and  of  all  veins,  lodes, 
and  ledges  throughout  their  entire  depth,  the  top  or  apex  of 
which  lies  inside  of  such  surface  lines  extended  downward  verti- 
cally, although  such  veins,  lodes,  or  ledges  may  so  far  depart  from 
a  perpendicular  in  their  course  downward  as  to  extend  ouside  the 
vertical  side  lines  of  such  surface  locations.  But  their  right  of 


MINING   STATUTES   OF   THE   UNITED   STATES  75 

possession  to  such  outside  parts  of  such  veins  or  ledges  may  be 
confined  to  such  portions  thereof  as  lie  between-  vertical  planes 
drawn  downward,  as  above  described,  through  the  end  lines  of 
their  locations,  so  continued  in  their  own  direction  that  such 
planes  will  intersect  such  exterior  parts  of  such  veins  or  ledges. 
And  nothing  in  this  section  shall  authorize  the  locator  or  pos- 
sessor of  a  vein  or  lode  which  extends  in  its  downward  course 
beyond  the  vertical  lines  of  his  claim  to  enter  upon  the  surface 
of  a  claim  owned  or  possessed  by  another. 

§2323,  Revised  Statutes. 

Where  a  tunnel  is  run  for  the  development  of  a  vein  or  lode, 
or  for  the  discovery  of  mines,  the  owners  of  such  tunnel  shall 
have  the  right  of  possession  of  all  veins  or  lodes  within  3,000 
feet  from  the  face  of  such  tunnel  on  the  line  thereof,  not  pre- 
viously known  to  exist,  discovered  in  such  tunnel  to  the  same  ex- 
tent as  if  discovered  from  the  surface ;  and  locations  on  the  line 
of  such  tunnel  of  veins  or  lodes  not  appearing  on  the  surface, 
made  by  other  parties  after  the  commencement  of  the  tunnel, 
and  while  the  same  is  being  prosecuted  with  reasonable  dili- 
gence, shall  be  invalid,  but  failure  to  prosecute  the  work  on  the 
tunnel  for  six  months  shall  be  considered  as  an  abandonment  of 
the  right  to  all  undiscovered  veins  on  the  line  of  such  tunnel. 

§2324,  Revised  Statutes. 

The  miners  of  each  mining  district  may  make  regulations  not 
in  conflict  with  the  laws  of  the  United  States,  or  with  the  laws 
of  the  State  or  Territory  in  which  the  district  is  situated,  gov- 
erning the  location,  manner  of  recording,  amount  of  work  neces- 
sary to  hold  possession  of  a  mining  claim,  subject  to  the  follow- 
ing requirements:  The  location  must  be  distinctly  marked  on 
the  ground  so  that  its  boundaries  can  be  readily  traced.  All 
records  of  mining  claims  hereafter  made  shall  contain  the  name 
or  names  of  the  locators,  the  date  of  the  location,  and  such  a  de- 
scription of  the  claim  or  claims  located  by  reference  to  some  nat- 
ural object  or  permanent  monument  as  will  identify  the  claim. 
On  each  claim  located  after  the  10th  day  of  May,  1872,  and  until 
a  patent  has  been  issued  therefor,  not  less  than  one  hundred  dol- 
lars worth  of  labor  shall  be  performed  or  improvements  made 
during  each  year.  On  all  claims  located  prior  to  the  10th  day  of 
May,  1872,  ten  dollars'  worth  of  labor  shall  be  performed  or  im- 
provements made  by  the  10th  day  of  June,  1874,  and  each  year 
thereafter,  for  each  100  feet  in  length  along  the  vein  until  a 


76  MINING   STATUTES   OP   THE   UNITED  STATES 

patent  has  been  issued  therefor ;  but  where  such  claims  are  held 
in  common,  such  expenditure  may  be  made  upon  any  one  claim ; 
and  upon  a  failure  to  comply  with  these  conditions  the  claim  or 
mine  upon  which  such  failure  occurred  shall  be  open  to  reloca- 
tion in  the  same  manner  as  if  no  location  of  the  same  had  ever 
been  made,  provided  that  the  original  locators,-  their  heirs,  as- 
signs, or  legal  representatives,  have  not  resumed  work  upon  the 
claim  after  failure  and  before  such  location.  Upon  the  failure  of 
any  one  of  several  coowners  to  contribute  his  proportion  of  the 
expenditures  required  hereby,  the  coowners  who  have  performed 
the  labor  or  made  the  improvements  may,  at  the  expiration  of  the 
year,  give  such  delinquent  co-owner  personal  notice  in  writing  or 
notice  by  publication  in  the  newspaper  published  nearest  the 
claim  for  at  least  once  a  week  for  ninety  days,  and  if  at  the  ex- 
piration of  ninety  days  after  such  notice  in  writing  or  by  publi- 
cation such  delinquent  should  fail  or  refuse  to  contribute  his  pro- 
portion of  the  expenditure  required  by  this  section  his  interest 
in  the  claim  shall  become  the  property  of  his  co-owners  who  have 
made  the  required  expenditures. 

§2325,  Revised  Statutes. 

A  patent  for  any  land  claimed  and  located  for  valuable  de- 
posits may  be  obtained  in  the  following  manner:  Any  person, 
association,  or  incorporation  authorized  to  locate  a  claim  under 
this  chapter,  having  claimed  and  located  a  piece  of  land  for 
such  purposes,  who  has,  or  have  complied  with  the  terms  of  this 
chapter,  may  file  in  the  proper  land  office  an  application  for  a 
patent,  under  oath,  showing  such  compliance  together  with  a 
plat  and  field  notes  of  the  claim  or  claims  in  common,  made  by 
or  "under  the  direction  of  the  United  States  surveyor  general, 
showing  accurately  the  boundaries  of  the  claim  or  claims,  which 
shall  be  distinctly  marked  by  monuments  on  the  ground,  and 
shall  post  a  copy  of  such  plat,  together  with  a  notice  of  such 
application  for  a  patent,  in  a  conspicuous  place  on  the  land  em- 
braced in  such  plat  previous  to  the  filing  of  the  application  for 
a  patent,  and  shall  file  an  affidavit  of  at  least  two  persons  that 
such  notice  has  been  duly  posted,  and  shall  file  a  copy  of  the 
notice  in  such  land  office,  and  shall  thereupon  be  entitled  to  a 
patent  for  the  land,  in  the  manner  following:  The  register  of 
the  land  office,  upon  the  filing  of  such  application,  plat,  field 
notes,  notices,  and  affidavits,  shall  publish  a  notice  that  such 
application  has  been  made,  for  the  period  of  60  days,  in  a  news- 
paper to  be  by  him  designated  as  published  nearest  to  such  claim ; 


MINING  STATUTES  OP  THE   UNITED  STATES  77 

and  he  shall  also  post  such  notice  in  his  office  for  the  same  pe- 
riod. The  claimant  at  the  time  of  filing  this  application,  or  at 
any  time  thereafter,  within  the  60  days  of  publication,  shall  file 
with  the  register  a  certificate  of  the  United  States  surveyor-gen- 
eral that  $500  worth  of  labor  has  been  expended  or  improve- 
ments made  upon  the  claim  by  himself  or  grantors;  that  the 
plat  is  correct,  and  such  further  description  by  such  reference 
to  natural  objects  or  permanent  monuments  as  shall  identify  the 
claim,  and  furnish  an  accurate  description  to  be  incorporated  in 
the  patent. 

At  the  expiration  of  the  60  days  of  publication  the  claimant 
shall  file  his  affidavit,  showing  that  the  plat  and  notice  have 
been  posted  in  a  conspicuous  place  on  the  claim  during  such  pe- 
riod of  publication.  If  no  adverse  claim  shall  have  been  filed 
with  the  register  and  the  receiver  or  the  proper  land  office  at  the 
expiration  of  the  60  days  of  publication,  it  shall  be  assumed  that 
the  applicant  is  entitled  to  a  patent,  upon  the  payment  to  the 
proper  officer  of  $5  per  acre,  and  that  no  adverse  claim  exists; 
and  thereafter  no  objection  from  third  parties  to  the  issuance 
of  a  patent  shall  be  heard,  except  it  be  shown  that  the  applicant 
has  failed  to  comply  with  the  terms  of  this  chapter. 

§2829,  Revised  Statutes. 

Where  an  adverse  claim  is  filed  during  the  period  of  publica- 
tion, it  shall  be  upon  oath  of  the  person  or>  persons  making  the 
same,  and  shall  show  the  nature,  boundaries,  and  extent  of  such 
adverse  claim,  and  all  proceedings,  except  the  publication  of  no- 
tice and  making  and  filing  of  the  affidavit  thereof,  shall  be 
stayed  until  the  controversy  shall  have  been  settled  or  decided 
by  a  court  of  competent  jurisdiction,  or  the  adverse  claim 
waived.  It  shall  be  the  duty  of  the  adverse  claimant,  within 
thirty  days  after  filing  his  claim,  to  commence  proceedings  in  a 
court  of  competent  jurisdiction,  to  determine  the  question  of  the 
right  of  possession,  and  prosecute  the  same  with  reasonable  dili- 
gence to  final  judgment ;  and  a  failure  so  to  do  shall  be  a  waiver 
of  his  adverse  claim.  After  such  judgment  shall  have  been  ren- 
dered, the  party  entitled  to  the  possession  of  the  claim,  or  any 
portion  thereof,  may,  without  giving  further  notice,  file  a  cer- 
tified copy  of  the  judgment  roll  with  the  register  of  the  land  of- 
fice, together  with  the  certificate  of  the  surveyor  general  that 
the  requisite  amount  of  labor  has  been  expended  or  improve- 
ments made  thereon,  and  the  description  required  in  other  cases, 
and  shall  pay  to  the  receiver  $5  per  acre  for  his  claim,  together 


78  MINING   STATUTES  OP   THE   UNITED   STATES 

with  the  proper  fees,  whereupon  the  whole  proceedings  and  the 
judgment  roll  shall  be  certified  by  the  register  to  the  Commis- 
sioner of  the  General  Land  Office,  and  a  patent  shall  issue  there- 
on for  the  claim,  or  such  portion  thereof  as  the  applicant  shall 
appear,  from  the  decision  of  the  court,  to  rightly  possess.  If  it 
appears  from  the  decision  of  the  court  that  several  parties  are 
entitled  to  separate  and  different  portions  of  the  claim,  each 
party  may  pay  for  his  portion  of  the  claim  with  the  proper  fees, 
and  file  the  certificate  and  description  by  the  surveyor  general, 
whereupon  the  register  shall  certify  the  proceedings  and  judg- 
ment roll  to  the  Commissioner  of  the  General  Land  Office,  as 
in  the  preceding  case,  and  patents  shall  issue  to  the  several 
parties  according  to  their  respective  rights.  Nothing  herein 
contained  shall  be  construed  to  prevent  the  alienation  of  a  title 
conveyed  by  a  patent  for  a  mining  claim  to  any  person  whatever. 

§2327,  Revised  Statutes. 

The  description  of  vein  or  lode  claims,  upon  surveyed  lands, 
shall  designate  the  location  of  the  claim  with  reference  to  the 
lines  of  the  public  surveys,  but  need  not  conform  therewith ;  but 
where  a  patent  shall  be  issued  for  claims  upon  unsurveyed  lands, 
the  surveyor  general,  in  extending  the  surveys,  shall  adjust  the 
same  to  the  boundaries  of  such  patented  claim,  according  to  the 
plat  or  description  thereof,  but  so  as  in  no  case  to  interfere  with 
or  change  the  location  of  any  such  patented  claim. 

§1?328,  Revised  Statutes. 

Applications  for  patents  for  mining  claims  under  former  laws 
now  pending  may  be  prosecuted  to  a  final  decision  in  the  Gen- 
eral Land  Office ;  but  in  such  cases  where  adverse  rights  are  not 
affected  thereby,  patents  may  issue  in  pursuance  of  the  pro- 
visions of  this  chapter;  and  all  patents  for  mining  claims  upon 
veins  or  lodes  heretofore  issued  shall  convey  all  the  rights  and 
privileges  conferred  by  this  chapter  where  no  adverse  rights  ex- 
isted on  the  10th  day  of  May,  1872. 

§2329,  Revised  Statutes. 

Claims  usually  called  "placers,"  including  all  forms  of  de- 
posit, excepting  veins  of  quartz,  or  other  rock  in  place,  shall  be 
subject  to  entry  and  patent,  under  like  circumstances  and  condi- 
tions, and  upon  similar  proceedings,  as  are  provided  for  vein  or 
lode  claims ;  but  where  the  lands  have  been  previously  surveyed 
by  the  United  States,  the  entry  in  its  exterior  limits  shall  con- 
form to  the  legal  subdivisions  of  the  public  lands. 


MINING  STATUTES  OP  THE  UNITED  STATES  79 

§2330,  Revised  Statutes. 

Legal  subdivisions  of  40  acres  may  be  subdivided  into  10-acre 
tracts ;  and  two  or  more  persons,  or  associations  of  persons,  hav- 
ing contiguous  claims  of  any  size,  although  such  claims  may  be 
less  than  10  acres  each,  may  make  joint  entry  thereof;  but  no 
location  of  a  placer  claim,  made  after  the  9th  day  of  July,  1870, 
shall  exceed  160  acres  for  any  one  person  or  association  of  per- 
sons, which  location  shall  conform  to  the  United  States  surveys ; 
and  nothing  in  this  section  contained  shall  defeat  or  impair  any 
bona  fide  preemption  or  homestead  claim  upon  agricultural 
lands,  or  authorize  the  sale  of  the  improvements  of  any  bona  fide 
settler  to  any  purchaser. 

§2331,  Revised  Statutes. 

Where  placer  claims  are  upon  surveyed  lands,  and  conform  to 
legal  subdivisions,  no  further  survey  or  plat  shall  be  required, 
and  all  placer-mining  claims  located  after  the  10th  day  of  May, 
1872,  shall  conform  as  near  as  practicable  with  the  United  States 
system  of  public-land  surveys,  and  the  rectangular  subdivisions 
of  such  surveys,  and  no  such  location  shall  include  more  than  20 
acres  for  each  individual  claimant ;  but  where  placer  claims  can 
not  be  conformed  to  legal  subdivisions,  survey  and  plat  shall  be 
made  as  on  unsurveyed  lands ;  and  where  by  the  segregation  of 
mineral  lands  in  any  legal  subdivision  a  quantity  of  agricultural 
land  less  than  40  acres  remains,  such  fractional  portion  of  agri- 
cultural land  may  be  entered  by  any  party  qualified  by  law,  for 
homestead  or  preemption  purposes. 

§2332,  Revised  Statutes. 

Where  such  person  or  association,  they  and  their  grantors, 
have  held  and  worked  their  claims  for  a  period  equal  to  the  time 
prescribed  by  the  statute  of  limitations  for  mining  claims  of  the 
State  or  Territory  where  the  same  may  be  situated,  evidence  of 
such  possession  and  working  of  the  claims  for  such  period  shall 
be  sufficient  to  establish  a  right  to  a  patent  thereto  under  this 
chapter,  in  the  absence  of  any  adverse  claim ;  but  nothing  in  this 
chapter  shall  be  deemed  to  impair  any  lien  which  may  have  at- 
tached in  any  way  whatever  to  any  mining  claim  or  property 
thereto  attached  prior  to  the  issuance  of  a  patent. 

§2333,  Revised  Statutes. 

Where  the  same  person,  association,  or  corporation  is  in  pos- 
session of  a  placer  claim,  and  also  a  vein  or  lode  included  within 
the  boundaries  thereof,  application  shall  be  made  for  a  patent  for 


80  MINING   STATUTES   OP   THE   UNITED   STATES 

the  placer  claim,  with  the  statement  that  it  includes  such  vein  or 
lode,  and  in  such  case  a  patent  shall  issue  for  for  the  placer  claim, 
subject  to  the  provisions  of  this  chapter,  including  such  vein  or 
lode,  upon  the  payment  of  $5  per  acre  for  such  vein  or  lode 
claim  and  25  feet  of  surface  on  each  side  thereof.  The  remain- 
der of  the  placer  claim  or  any  placer  claim  not  embracing  any 
vein  or  lode  claim  shall  be  paid  for  at  the  rate  of  $2.50  per  acre, 
together  with  all  costs  of  proceedings ;  and  where  a  vein  or  lode, 
such  as  is  described  in  section  2320,  is  known  to  exist  within 
the  boundaries  of  a  placer  claim,  an  application  for  a  patent  for 
such  placer  claim  which  does  not  include  an  application  for  the 
vein  or  lode  claim  shall  be  construed  as  a  conclusive  declaration 
that  the  claimant  of  the  placer  claim  has  no  right  of  possession 
of  the  vein  or  lode  claim;  but  where  the  existence  of  a  vein  or 
lode  in  a  placer  claim  is  not  known,  a  patent  for  the  placer  claim 
shall  convey  all  valuable  mineral  and  other  deposits  within  the 
boundaries  thereof. 

§2334,  Revised  Statutes. 

The  surveyor  general  of  the  United  States  may  appoint  in  each 
land  district  containing  mineral  lands  as  many  competent  sur- 
veyors as  shall  apply  for  appointment  to  survey  mining  claims. 
The  oxponses  of  the  survey  of  vein  or  lode  claims,  and  the  sur- 
vey and  subdivision  of  placer  claims  into  smaller  quantities  than 
160  acres,  together  with  the  cost  of  publication  of  notices,  shall 
be  paid  by  the  applicants,  and  they  shall  be  at  liberty  to  obtain 
the  same  at  the  most  reasonable  rates,  and  they  shall  also  be  at 
liberty  to  employ  any  United  States  deputy  surveyor  to  make 
the  survey.  The  Commissioner  of  the  General  Land  Office  shall 
also  have  the  power  to  establish  the  maximum  charges  for  surveys 
and  publication  of  notices  under  this  chapter;  and,  in  case  of 
excessive  charges  for  publication,  he  may  designate  any  news- 
paper published  in  a  land  district  where  mines  are  situated  for 
the  publication  of  mining  notices  in  such  district,  and  fix  the 
rates  to  be  charged  by  such  paper ;  and,  to  the  end  that  the  Com- 
missioner may  be  fully  informed  on  the  subject,  each  applicant 
shall  file  with  the  register  a  sworn  statement  of  all  charges  and 
fees  paid  by  such  applicant  for  publication  and  surveys,  together 
with  all  fees  and  money  paid  the  register  and  the  receiver  of 
the  land  office,  which  statement  shall  be  transmitted,  with  the 
other  papers  in  the  case,  to  the  Commissioner  of  the  General 
Lend  Office. 


MINING  STATUTES  OP  THE  UNITED  STATES  81 

§2335,  Revised  Statutes. 

All  affidavits  required  to  be  made  under  this  chapter  may  be 
verified  before  any  officer  authorized  to  administer  oaths  with- 
in the  land  district  where  the  claims  may  be  situated,  and  all  tes- 
timony and  proofs  may  be  taken  before  any  such  officer,  and, 
when  duly  certified  by  the  officer  taking  the  same,  shall  have 
the  same  force  and  effect  as  if  taken  before  the  register  and  re- 
ceiver of  the  land  office.  In  cases  of  contest  as  to  the  mineral  or 
agricultural  character  of  land,  the  testimony  and  proofs  may  be 
taken  as  herein  provided  on  personal  notice  of  at  least  10  days 
to  the  opposing  party;  or  if  such  party  cannot  be  found,  then 
by  publication  of  at  least  once  a  week  for  30  days  in  a  news- 
paper, to  be  designated  by  the  register  of  the  land  office  as  pub- 
lished nearest  to  the  location  of  such  land ;  and  the  register  shall 
require  proof  that  such  notice  has  been  given. 

§2336,  Revised  Statutes. 

Where  two  or  more  veins  intersect  or  cross  each  other,  priority 
of  title  shall  govern,  and  such  prior  location  shall  be  entitled  to 
all  ore  or  mineral  contained  within  the  space  of  intersection; 
but  the  subsequent  location  shall  have  the  right  of  way  through 
the  space  of  intersection  for  the  purposes  of  the  convenient 
working  of  the  mine.  And  where  two  or  more  veins  unite,  the 
oldest  or  prior  location  shall  take  the  vein  below  the  point  of 
union,  including  all  the  space  of  intersection. 

§2337,  Revised  Statutes. 

Where  nonmineral  land  not  contiguous  to  the  vein  or  lode  is 
used  or  occupied  by  the  proprietor  of  such  vein  or  lode  for  min- 
ing or  milling  purposes,  such  nonadjacent  surface  ground  may 
be  embraced  and  included  in  an  application  for  a  patent  for 
such  vein  or  lode,  and  the  same  may  be  patented  therewith,  sub- 
ject to  the  same  preliminary  requirements  as  to  survey  and  no- 
tice as  are  applicable  to  veins  or  lodes ;  but  no  location  hereafter 
made  of  such  nonadjacent  land  shall  exceed  five  acres,  and  pay- 
ment for  the  same  must  be  made  at  the  same  rate  as  fixed  by  this 
chapter  for  the  superficies  of  the  lode.  The  owner  of  a  quartz 
mill  or  reduction  works,  not  owning  a  mine  in  connection  there- 
with, may  also  receive  a  patent  for  his  mill  site,  as  provided  in 
this  section. 

§2338,  Revised  Statutes. 

As  a  condition  of  sale,  in  the  absence  of  necessary  legislation 
by  Congress,  the  local  legislature  of  any  State  or  Territory  may 


82  MINING  STATUTES  OP  THE   UNITED  STATES 

provide  rules  for  working  mines,  involving  easements,  drainage, 
and  other  necessary  means  to  their  complete  development;  and 
those  conditions  shall  be  fully  expressed  in  the  patent. 

§2339,  Revised  Statutes. 

Whenever,  by  priority  of  possession,  rights  to  the  use  of  water 
for  mining,  agricultural,  manufacturing,  or  other  purposes,  have 
vested  and  accrued,  and  the  same  are  recognized  and  acknowl- 
edged by  the  local  customs,  laws,  and  the  decisions  of  courts,  the 
possessors  and  owners  of  such  vested  rights  shall  be  maintained 
and  protected  in  the  same;  and  the  right  of  way  for  the  con- 
struction of  ditches  and  canals  for  the  purposes  herein  specified 
is  acknowledged  and  confirmed;  but  whenever  any  person,  in 
the  construction  of  any  ditch  or  canal,  injures  or  damages  the 
possession  of  any  settler  on  the  public  domain,  the  party  com- 
mitting such  injury  or  damage  shall  be  liable  to  the  party  in- 
jured for  such  injury  or  damage. 

§2340,  Revised  Statutes. 

All  patents  granted,  or  preemption,  or  homesteads  allowed, 
shall  be  subject  to  any  vested  and  accrued  water  rights,  or  rights 
to  ditches  and  reservoirs  used  in  connection  with  such  water 
rights,  as  may  have  been  acquired  under  or  recognized  by  the 
preceding  section. 

§2341,  Revised  Statutes. 

Wherever,  upon  the  lands  heretofore  designated  as  mineral 
lands,  which  have  been  excluded  from  survey  and  sale,  there 
have  been  homesteads  made  by  citizens  of  the  United  States,  or 
persons  who  have  declared  their  intention  to  become  citizens, 
which  homesteads  have  been  made,  improved,  and  used  for  agri- 
cultural purposes,  and  upon  which  there  have  been  no  valuable 
mines  of  gold,  silver,  cinnabar,  or  copper  discovered,  and  which 
are  properly  agricultural  lands,  the  settlers  or  owners  of  such 
homesteads  shall  have  a  right  of  pre-emption  thereto,  and  shall 
be  entitled  to  purchase  the  same  at  the  price  of  $1.25  per  acre, 
and  in  quantity  not  to  exceed  160  acres ;  or  they  may  avail  them- 
selves of  the  provisions  of  chapter  5  of  this  Title,  relating  to 
"  Homesteads. " 

§2342,  Revised  Statutes. 

Upon  the  survey  of  the  lands  described  in  the  preceding  sec- 
tion, the  Secretary  of  the  Interior  may  designate  and  set  apart 
such  portions  of  the  same  as  are  clearly  agricultural  lands,  which 


MINING  STATUTES  OP  THE  UNITED  STATES         83 

lands  shall  thereafter  be  subject  to  preemption  and  sale  as  other 
public  lands,  and  be  subject  to  all  the  laws  and  regulations  ap- 
plicable to  the  same. 

§2343,  Revised  Statutes. 

The  President  is  authorized  to  establish  additional  land  dis- 
tricts, and  to  appoint  the  necessary  officers  under  existing  laws, 
wherever  he  may  deem  the  same  necessary  for  the  public  con- 
venience in  executing  the  provisions  of  this  chapter. 

§2344,  Revised  Statutes. 

Nothing  contained  in  this  chapter  shall  be  construed  to  im- 
pair, in  any  way,  rights  or  interests  in  mining  property  acquired 
under  existing  laws;  nor  to  affect  the  provisions  of  the  act  en- 
titled "An  act  granting  to  A.  Sutro  the  right  of  way  and  other 
privileges  to  aid  in  the  construction  of  a  draining  and  explor- 
ing tunnel  to  the  Comstock  lode,  in  the  State  of  Nevada/'  ap- 
proved July  25,  1866. 

§2345,  Revised  Statutes. 

The  provisions  of  the  preceding  sections  of  this  chapter  shall 
not  apply  to  the  mineral  lands  situated  in  the  States  of  Michigan, 
Wisconsin,  and  Minnesota,  which  are  declared  free  and  open  to 
exploration  and  purchase,  according  to  legal  subdivisions,  in  like 
manner  as  before  the  10th  day  of  May,  1872.  And  any  bona  fide 
entries  of  such  lands  within  the  States  named  since  the  10th  day 
of  May,  1872,  may  be  patented  without  reference  to  any  of  the 
foregoing  provisions  of  this  chapter.  Such  lauds  shall  be  of- 
fered for  public  sale  in  the  same  manner,  at  the  same  minimum 
price,  and  under  the  same  rights  of  preemption  as  other  public 
lands. 

§2348,  Revised  Statutes. 

No  act  passed  at  the  first  session  of  the  Thirty-eighth  Congress 
granting  lands  to  States  or  corporations  to  aid  in  the  construc- 
tion of  roads  or  for  other  purposes,  or  to  extend  the  time  of 
grants  made  prior  to  the  30th  day  of  January,  1865,  shall  be 
so  construed  as  to  embrace  mineral  lands,  which  in  all  cases  are 
reserved  exclusively  to  the  United  States,  unless  otherwise  spe- 
cially provided  in  the  act  or  acts  making  the  grant. 


COAL  STATUTES. 


13  Stat.  343,  July   1,   1864. 
COAL  LANDS — DISPOSAL. 

An  Act  to  Dispose  of  Coal  Lands  and  of  Town  Property  in  the 

Public  Domain. 

Be  it  enacted,  etc.,  That  where  any  tracts  embracing  coal  beds 
or  coal  fields,  constituting  portions  of  the  public  domain,  and 
which,  as  mines,"  are  excluded  from  the  preemption  act  of 
1841,  and  which  under  past  legislation  are  not  liable  to  ordinary 
private  entry,  it  shall  and  may  be  lawful  for  the  President  to 
cause  such  tracts,  in  suitable  legal  subdivisions,  to  be  offered  at 
public  sale  to  the  highest  bidder,  after  public  notice  of  not  less 
than  three  months,  at  a  minimum  price  of  $20  per  acre ;  and  any 
lands  not  thus  disposed  of  shall  thereafter  be  liable  to  private 
entry  at  said  minimum. 

COAL  LANDS — DISPOSAL — AMENDMENT. 
13  Stat.  529,  March  3,  1865. 

An  Act  Supplemental  to  the  Act  Approved  July  1,  1864,  for  the 

Disposal  of  Coal  Lands,  Etc. 

Be  it  enacted,  etc.,  That  in  the  case  of  any  citizen  of  the 
United  States  who,  at  the  passage  of  this  act,  may  be  in  the 
business  of  bona  fide  actual  coal  mining  on  the  public  lands,  ex- 
cept on  lands  reserved  by  the  President  of  the  United  States  for 
public  uses,  for  purposes  of  commerce,  such  citizen,  upon  mak- 
ing proof  satisfactory  to  the  register  and  receiver  to  that  ef- 
fect, shall  have  the  right  to  enter,  according  to  legal  subdivisions, 
a  quantity  of  land  not  exceeding  160  acres,  to  embrace  his  im- 
provements and  mining  premises,  at  the  minimum  price  of  $20 
per  acre,  fixed  in  the  coal  and  town  property  act  of  July  1,  1864 : 
Provided,  That  where  the  mining  improvements  and  premises 
are  on  lands  surveyed  at  the  passage  of  this  act,  a  sworn  declara- 
tory statement  descriptive  of  the  tract  and  premises,  showing 
also  the  extent  and  character  of  the  improvements,  shall  be  filed 
within  six  months  from  the  date  of  this  act ;  and  proof  and  pay- 
ment shall  be  made  within  one  year  from  the  date  of  such  fil- 
ing ;  but  where  such  mining  premises  may  be  on  lands  hereafter 
to  be  surveyed,  such  declaratory  statement  shall  be  filed  within 
three  months  from  the  return  to  the  district  land  office  of  the 


MINING   STATUTES   OF   THE   UNITED   STATES  85 

official  plat;  and  proof  and  payment  shall  be  made  within  one 
year  from  the  date  of  filing. 

SEC.  2.  And  be  it  further  enacted,  That  in  the  case  of  any 
city  or  town  which,  at  the  passage  of  this  act,  may  be  existing  on 
the  public  lands  in  which  the  lots  therein  may  be  variant  as  to 
size  from  the  limitations  fixed  in  the  said  act  of  July  1,  1864, 
and  in  which  the  lots  and  buildings  as  municipal  improvements 
shall  cover  an  area  greater  than  160  acres,  such  variance  as  to 
size  of  lots  or  excess  in  area  shall  prove  no  bar  to  such  city  or 
town  claim,  under  said  act  of  July  1,  1864,  effect  to  be  given  to 
this  act  according  to  such  regulations  as  may  be  prescribed  by  the 
Secretary  of  the  Interior:  Provided,  That  the  minimum  price 
of  each  said  lots  in  any  such  town  or  city,  which  may  contain  a 
greater  number  of  square  feet  than  the  maximum  named  in  the 
act  to  which  this  is  an  amendment,  shall  be  increased  to  such 
reasonable  amount  as  the  Secretary  of  the  Interior  may  by  rule 
establish:  Provided,  further,  That  where  mineral  veins  are  pos- 
sessed, which  possession  is  recognized  by  local  authority,  and  to 
the  extent  so  possessed  and  recognized,  the  title  to  town  lots  to  be 
acquired  shall  be  subject  to  such  recognized  possession  and  the 
necessary  use  thereof:  Provided,  however,  That  nothing  con- 
tained herein  shall  be  so  construed  as  to  recognize  any  color  of 
title  in  possessors  for  mining  purposes  as  against  the  Govern- 
ment of  the  United  States. 


ORIGINAL   COAL-LAND  ACT. 
17  Stat.  607,  March  3,   1873. 

An  Act  to  Provide  for  the  Sale  of  the  Lands  of  the  United  States 
Containing  Coal. 

Be  it  enacted,  etc.,  That  any  person  above  the  age  of  21  years, 
who  is  a  citizen  of  the  United  States,  or  who  has  declared  his  in- 
tention to  become  such,  or  any  association  of  persons  severally 
qualified  as  above,  shall,  upon  application  to  the  register  of  the 
proper  land  office,  have  the  right  to  enter,  by  legal  subdivisions, 
any  quantity  of  vacant  coal  lands  of  the  United  States  not  other- 
wise appropriated  or  reserved  by  competent  authority,  not  ex- 
ceeding 160  acres  to  such  individual  person,  or  320  acres  to  such 
association,  upon  payment  to  the  receiver  of  not  less  than  $10  per 
acre  for  such  lands,  where  the  same  shall  be  situated  more  than 
15  miles  from  any  completed  railroad,  and  not  less  than  $20  per 
acre  for  such  lands  as  shall  be  within  15  miles  of  such  road. 


86  MINING   STATUTES  OP   THE   UNITED  STATES 

SEC.  2.  That  any  person  or  association  or  persons  severally 
qualified  as  above,  who  have  opened  and  improved,  or  shall 
hereafter  open  and  improve,  any  coal  mine  or  mines  upon  the 
public  lands,  and  shall  be  in  actual  possession  of  the  same,  shall 
be  entitled  to  a  preference  right  of  entry,  under  the  foregoing 
provisions,  of  the  mines  so  opened  and  improved:  Provided, 
That  when  any  association  of  not  less  than  four  persons,  sev- 
erally qualified  as  in  section  1  of  this  act,  shall  have  expended 
not  less  than  $5,000  in  working  and  improving  any  such  mine 
or  mines,  such  association  may  enter  not  exceeding  640  acres,  in- 
cluding such  mining  improvements. 

SEC.  3.  That  all  claims  under  section  2  of  this  act  must  be 
presented  to  the  register  of  the  proper  land  district  within  60 
days  after  the  date  of  actual  possession  and  the  commencement 
of  improvements  on  the  land,  by  the  filing  of  a  declaratory 
statement  therefor:  Provided,  That  when  the  township  plat  is 
not  on  file  at  the  date  of  such  improvement,  filing  must  be  made 
within  60  days  from  the  receipt  of  such  plat  at  the  district  office : 
And  provided  further,  That  where  the  improvements  shall  have 
been  made  prior  to  the  expiration  of  three  months  from  the 
passage  of  this  act,  60  days  from  the  expiration  of  said  three 
months  shall  be  allowed  for  the  filing  of  a  declaratory  state- 
ment, and  no  sale  under  the  provisions  of  this  act  shall  be  al- 
lowed until  the  expiration  of  six  months  from  the  date  hereof. 

Sec.  4.  That  this  act  shall  be  held  to  authorize  only  one  en- 
try by  the  same  person  or  association  of  persons  under  its  pro- 
visions; and  no  association  of  persons,  any  member  of  which 
shall  have  taken  the  benefit  of  this  act,  either  as  an  individual 
or  as  a  member  of  any  other  association,  shall  enter  or  hold  any 
other  lands  under  the  provisions  of  this  act ;  and  no  member  of 
any  association  which  shall  have  taken  the  benefit  of  this  act 
shall  enter  or  hold  any  other  lands  under  its  provisions ;  and  all 
persons  claiming  under  section  2  hereof  shall  be  required  to  prove 
their  respective  rights  and  pay  for  the  lands  filed  upon  within 
one  year  from  the  time  prescribed  for  filing  their  respective 
claims;  and  upon  failure  to  file  the  proper  notice,  or  to  pay  for 
the  land  within  the  required  period,  the  same  shall  be  subject  to 
entry  by  any  other  qualified  applicant. 

SEC.  5.  That  in  case  of  conflicting  claims  upon  lands  where 
the  improvements  shall  be  hereafter  commenced,  priority  of 
possession  and  improvement,  followed  by  proper  filing  and  con- 
tinued good  faith,  shall  determine  the  preference  right  of  pur- 


MINING   STATUTES  OF   THE   UNITED  STATES  87 

chase.  And  also  where  improvements  have  already  been  made 
at  the  date  of  the  passage  of  this  act,  division  of  the  land  claimed 
may  be  made  by  legal  subdivisions,  to  include,  as  near  as  may 
be,  the  valuable  improvements  of  the  respective  parties ;  and  the 
Commissioner  of  the  General  Land  Office  shall  be,  and  is  hereby, 
authorized  to  issue  all  needful  rules  and  regulations  for  carry- 
ing into  effect  the  provisions  of  this  act. 

SEC.  6.  That  nothing  in  this  act  shall  be  construed  to  destroy 
or  impair  any  rights  which  may  have  attached  prior  to  its  pass- 
age, or  to  authorize  the  sale  of  lands  valuable  for  mines  of  gold, 
silver,  or  copper. 


COAL  LAND  SECTIONS. 

§2347,  Revised  Statutes. 

I.     COAL  SECTIONS. 

Every  person  above  the  age  of  21  years,  who  is  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention  to  become  such, 
or  any  association  of  persons  severally  qualified  as  above,  shall, 
upon  application  to  the  register  of  the  proper  land  office,  have 
the  right  to  enter,  by  legal  subdivisions,  any  quantity  of  vacant 
coal  lands  of  the  United  States  not  otherwise  appropriated  or  re- 
served by  competent  authority,  not  exceeding  160  acres  to  such 
individual  person,  or  320  acres  to  such  association,  upon  pay- 
ment to  the  receiver  of  not  less  than  $10  per  acre  for  such  lands, 
where  the  same  shall  be  situated  more  than  15  miles  from  any 
completed  railroad,  and  not  less  than  $20  per  acre  for  such  lands 
as  shall  be  within  15  miles  of  such  road. 

§2348,  Revised  Statutes. 

Any  person  or  association  of  persons  severally  qualified,  as 
above  provided,  who  have  opened  and  improved,  or  shall  here- 
after open  and  improve,  any  coal  mine  or  mines  upon  the  public 
lands,  and  shall  be  in  actual  possession  of  the  same,  shall  be  en- 
titled to  a  preference  right  of  entry,  under  the  preceding  section, 
of  the  mines  so  opened  and  improved :  Provided,  That  when  any 
association  of  not  less  than  four  persons,  severally  qualified  as 
above  provided,  shall  have  expended  not  less  than  $5,000  in 
working  and  improving  any  such  mine  or  mines,  such  associa- 
tion may  enter  not  exceeding  640  acres,  including  such  mining 
improvements. 

§2349,  Revised  Statutes. 

All  claims  under  the  preceding  section  must  be  presented  to 
the  register  of  the  proper  land  district  within  60  days  after  the 
date  of  actual  possession  and  the  commencement  of  improve- 
ments on  the  land,  by  the  filing  of  a  declaratory  statement 
therefor;  but  when  the  township  plat  is  not  on  file  at  the  date 
of  such  improvement,  filing  must  be  made  within  60  days  from 
the  receipt  of  such  plat  at  the  district  office ;  and  where  the  im- 
provements shall  have  been  made  prior  to  the  expiration  of  three 
months  from  the  3rd  day  of  March,  1873,  60  days  from  the  ex- 
piration of  such  three  months  shall  be  allowed  for  the  filing  of 
a  declaratory  statement,  and  no  sale  under  the  provisions  of  this 


MINING   STATUTES   OP   THE   UNITED   STATES  89 

section  shall  be  allowed  until  the  expiration  of  six  months  from 
the  3d  day  of  March,  1873. 

§2350,  Revised  Statutes. 

The  three  preceding  section  shall  be  held  to  authorize  only  one 
entry  by  the  same  person  or  association  of  persons ;  and  no  asso- 
ciation of  persons  any  member  of  which  shall  have  taken  the 
benefit  of  such  sections,  either  as  an  individual  or  as  a  member 
of  any  other  association,  shall  enter  or  hold  any  other  lands  un- 
der the  provisions  thereof;  and  no  member  of  any  association 
which  shall  have  taken  the  benefit  of  such  sections  shall  enter  or 
hold  any  other  lands  under  their  provisions;  and  all  persons 
claiming  under  section  2348  shall  be  required  to  prove  their  re- 
spective rights  and  pay  for  the  lands  filed  upon  within  one  year 
from  the  time  prescribed  for  filing  their  respective  claims;  and 
upon  failure  to  file  the  proper  notice,  or  to  pay  for  the  land 
within  the  required  period,  the  same  shall  be  subject  to  entry 
by  any  other  qualified  applicant. 

§2351,  Revised  Statutes. 

In  case  of  conflicting  claims  upon  coal  lands  where  the  im- 
provements shall  be  commenced,  after  the  3d  day  of  March,  1873, 
priority  of  possession  and  improvement,  followed  by  proper  fil- 
ing and  continued  good  faith,  shall  determine  the  preference 
right  to  purchase.  And  also  where  improvements  have  already 
been  made  prior  to  the  3d  day  of  March,  1873,  division  of  the 
land  claimed  may  be  made  by  legal  subdivisions,  to  include,  as 
near  as  may  be,  the  valuable  improvements  of  the  respective 
parties.  The  Commissioner  of  the  General  Land  Office  is  au- 
thorized to  issue  all  needful  rules  and  regulations  for  carrying 
into  effect  the  provisions  of  this  and  the  four  preceding  sections. 

§2352,  Revised  Statutes. 

Nothing  in  the  five  preceding  sections  shall  be  construed  to 
destroy  or  impair  any  rights  which  may  have  attached  prior  to 
the  3d  day  of  March,  1873,  or  to  authorize  the  sale  of  lands  val- 
uable for  mines  of  gold,  silver,  or  copper. 


COAL  DEPOSITS  RESERVED — NON-MINERAL  SELECTIONS. 
35  Stat.  844,   March  3,   1909. 

An  Act  for  the  Protection  of  the  Surface  Rights  of  Entryman. 
Be  it  enacted,  etc.,  That  any  person  who  has  in  good  faith  lo- 
cated, selected,  or  entered  under  the  nonmineral  land  laws  of  the 
United  States  any  lands    which    subsequently    are    classified, 


90  MINING   STATUTES   OP   THE   UNITED  STATES 

claimed,  or  reported  as  being  valuable  for  coal  may,  if  he  shall  so 
elect,  and  upon  making  satisfactory  proof  of  compliance  with  the 
laws  under  which  such  lands  are  claimed,  receive  a  patent  there- 
for, which  shall  contain  a  reservation  to  the  United  States  of  all 
coal  in  said  lands,  and  the  right  to  prospect  for,  mine,  and  re- 
move the  same.  The  coal  deposits  in  such  lands  shall  be  subject 
to  disposal  by  the  United  States  in  accordance  with  the  pro- 
visions of  the  coal-land  laws  in  force  at  the  time  of  such  disposal, 
but  no  person  shall  enter  upon  said  lands  to  prospect  for,  or 
mine  and  remove  coal  therefrom,  without  previous  consent  of 
the  owner  under  such  patent,  except  upon  such  conditions  as  to 
security  for  and  payment  of  all  damages  to  such  owner,  caused 
thereby  as  may  be  determined  by  a  court  of  competent  jurisdic- 
tion: Provided,  That  the  owner  under  such  patent  shall  have 
the  right  to  mine  coal  for  use  on  the  land  for  domestic  purposes 
prior  to  the  disposal  by  the  United  States  of  the  coal  deposit: 
Provided  further,  That  nothing  herein  contained  shall  be  held 
to  affect  or  abridge  the  right  of  any  locator,  selector,  or  entry- 
man  to  a  hearing  for  the  purpose  of  determining  the  character  of 
the  land  located,  selected,  or  entered  by  him.  Such  locator,  se- 
lector, or  entry  man  who  has  heretofore  made  or  shall  hereafter 
make  final  proof  showing  good  faith  and  satisfactory  compli- 
ance with  the  law  under  which  his  land  is  claimed  shall  be  en- 
titled to  a  patent  without  reservation  unless  at  the  time  of  such 
final  proof  and  entry  it  shall  be  shown  that  the  land  is  chiefly 
valuable  for  coal. 

COAL  LANDS — AGRICULTURAL  ENTRIES. 

36  Stat.  583,  June  22,   1910. 

An  Act  to  Provide  for  Agricultural  Entries  on  Coal  Lands. 

Be  it  enacted,  etc.,  That  from  and  after  the  passage  of  this  act 
unreserved  public  lands  of  the  United  States,  exclusive  of  Alaska 
which  have  been  withdrawn  or  classified  as  coal  lands,  or  are 
valuable  for  coal,  shall  be  subject  to  appropriate  entry  under 
the  homestead  laws  by  actual  settlers  only,  the  desert-land  law, 
to  selection  under  section  4  of  the  act  approved  August  18,  1894, 
known  as  the  Carey  Act,  and  to  withdrawal  under  the  act  ap- 
proved June  17,  1902,  known  as  the  Reclamation  Act,  whenever 
such  entry,  selection,  or  withdrawal  shall  be  made  with  a  view  of 
obtaining  or  passing  title,  with  a  reservation  to  the  United 
States  of  the  coal  in  such  lands  and  of  the  right  to  prospect  lor, 
mine,  and  remove  the  same.  But  no  desert  entry  made  under  the 


MINING  STATUTES  OP  THE  UNITED  STATES  91 

provisions  of  this  act  shall  contain  more  than  160  acres,  and  all 
homestead  entries  made  hereunder  shall  be  subject  to  the  con- 
ditions, as  to  residence  and  cultivation,  of  entries  under  the  act 
approved  February  19,  1909,  entitled  "An  act  to  provide  for  an 
enlarged  homestead:"  Provided,  That  those  who  have  initiated 
nonmineral  entries,  selections,  or  locations  in  good  faith,  prior 
to  the  passage  of  this  act,  on  lands  withdrawn  or  classified  as 
coal  lands  may  perfect  the  same  under  the  provisions  of  the  laws 
under  which  said  entries  were  made,  but  shall  receive  the  lim- 
ited patent  provided  for  in  this  act. 

SEC.  2.  That  any  person  desiring  to  make  entry  under  the 
homestead  laws  or  the  desert-land  law,  any  State  desiring  to 
make  selection  under  section  4  of  the  act  of  August  18,  1894, 
(28  Stat.  372),  known  as  the  Carey  Act,  and  the  Secretary  of  the 
Interior  in  withdrawing  under  the  Reclamation  Act  (32  Stat. 
388)  lands  classified  as  coal  lands,  or  valuable  for  coal,  with  a 
view  of  securing  or  passing  title  to  the  same  in  accordance  with 
the  provisions  of  said  acts,  shall  state  in  the  application  for  en- 
try, selection,  or  notice  of  withdrawal  that  the  same  is  made  in 
accordance  with  and  subject  to  the  provisions  and  reservations 
of  this  act. 

SEC.  3.  That  upon  satisfactory  proof  of  full  compliance  with 
the  provisions  of  the  laws  under  which  entry  is  made,  and  of  this 
act,  the  entryman  shall  be  entitled  to  a  patent  to  the  land  entered 
by  him,  which  patent  shall  contain  a  reservation  to  the  United 
States  of  all  the  coal  in  the  lands  so  patented,  together  with  the 
right  to  prospect  for,  mine,  and  remove  the  same.  The  coal  de- 
posits in  such  lands  shall  be  subject  to  disposal  by  the  United 
States  in  accordance  with  the  provisions  of  the  coal-land  laws 
in  force  at  the  time  of  such  disposal.  Any  person  qualified  to 
acquire  coal  deposits  or  the  right  to  mine  and  remove  the  coal 
under  the  laws  of  the  United  States  shall  have  the  right,  at  all 
times,  to  enter  upon  the  lands  selected,  entered,  or  patented,  as 
provided  by  his  act,  for  the  purpose  of  prospecting  for  coal 
thereon  upon  the  approval  by  the  Secretary  of  the  Interior  of  a 
bond  or  undertaking  to  be  filed  with  him  as  security  for  the 
payment  of  all  damages  to  the  crops  and  improvements  on  such 
lands  by  reason  of  such  prospecting.  Any  person  who  has  ac- 
quired from  the  United  States  the  coal  deposits  in  any  such  land, 
or  the  right  to  mine  or  remove  the  same,  may  reenter  and  oc- 
cupy so  much  of  the  surface  thereof  as  may  be  required  for  all 
purposes  reasonably  incident  to  the  mining  and  removal  of  the 


92  MINING  STATUTES   OP  THE  UNITED  STATES 

coal  therefrom,  and  mine  and  remove  the  coal,  upon  payment  of 
the  damages  caused  thereby  to  the  owner  thereof,  or  upon  giving 
a  good  and  sufficient  bond  or  undertaking  in  an  action  insti- 
tuted in  any  competent  court  to  ascertain  and  fix  said  damages : 
Provided,  That  the  owner  under  such  limited  patent  shall  have 
the  right  to  mine  coal  for  use  upon  the  land  for  domestic  pur- 
poses at  any  time  prior  to  the  disposal  by  the  United  States  of 
the  coal  deposits:  Provided,  further,  That  nothing  herein  con- 
tained shall  be  held  to  deny  or  abridge  the  right  to  present  and 
have  prompt  consideration  of  applications  to  locate,  enter,  or 
select,  under  the  land  laws  of  the  United  States,  lands  which 
have  been  classified  as  coal  lands  with  a  view  of  disproving  such 
classification  and  securing  a  patent  without  reservation. 

COAL  RESERVED — PRIVATE  PATENT. 
36  Stat.   1349,   Chap.  254,   March  4,   1911. 

An  Act  Authorizing  the  Secretary  of  the  Interior  to  Issue  Pat- 
ent to  David  Eddington  Covering  Homestead  Entry. 
Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and 
he  is  hereby,  authorized  and  directed  to  cause  patent  to  issue  to 
David  Eddington  for  the  northwest  quarter  of  section  20  in  town- 
ship 5  north,  range  5  east,  Salt  Lake  meridian,  in  the  Salt  Lake 
land  district,  Utah,  upon  proof  of  compliance  with  the  homestead 
laws  in  the  matter  of  residence  and  cultivation :  Provided,  That 
the  patent  which  shall  issue  to  the  said  David  Eddington  shall 
reserve  the  coal  to  the  Government  under  the  act  of  March  3, 
1909. 


COAL  LANDS— SALE— COAL  RESERVED. 
37   Stat.   105,   April  30,   1912. 

An  Act  to  Supplement  the  Act  of  June  22,  1910  (36  Stat.  583), 
Entitled  "An  Act  to  Provide  for  Agricultural  Entries  on  Coal 
Lands." 

Be  it  enacted,  etc.,  That  from  and  after  the  passage  of  this  act 
unreserved  public  lands  of  the  United  States,  exclusive  of  Alaska, 
which  have  been  withdrawn  or  classified  as  coal  lands  or  are 
valuable  for  coal  shall,  in  addition  to  the  classes  of  entries  or  fil- 
ings described  in  the  act  of  Congress,  approved  June  22,  1910 
(36  Stat.  583),  entitled  "An  act  to  provide  for  agricultural  en- 
tries on  coal  lands,"  be  subject  to  selection  by  the  several  States 
within  whose  limits  the  lands  are  situate,  under  grants  made  by 
Congress,  and  to  disposition,  in  the  discretion  of  the  Secretary 


MINING  STATUTES  OP  THE  UNITED  STATES  93 

of  the  Interior,  under  the  laws  providing  for  the  sale  of  isolated 
or  disconnected  tracts  of  public  lands,  but  there  shall  be  a  reser- 
vation to  the  United  States  of  the  coal  in  all  such  lands  so  se- 
lected or  sold  and  of  the  right  to  prospect  for,  mine,  and  remove 
the  same  in  accordance  with  the  provisions  of  said  act  of  June 
22,  1910,  and  such  lands  shall  be  subject  to  all  the  conditions  and 
limitations  of  said  act. 


SECTIONS  RELATING  TO  MISCELLANEOUS  MINING 

SUBJECTS. 
§355,  Revised  Statutes. 

No  public  money  shall  be  expended  upon  any  site  or  land  pur- 
chased by  the  United  States  for  the  purposes  of  erecting  thereon 
any  armory,  arsenal,  fort,  fortification,  navy  yard,  customhouse, 
lighthouse,  or  other  public  building,  of  any  kind  whatever,  un- 
til the  written  opinion  of  the  Attorney  General  shall  be  had  in 
favor  of  the  validity  of  the  title,  nor  until  the  consent  of  the 
legislature  of  the  State  in  which  the  land  or  site  may  be,  to  such 
purchase,  has  been  given.  *  *  * 

§441,  Revised  Statutes. 

The  Secretary  of  the  Interior  is  charged  with  the  supervision 
of  public  business  relating  to  the  following  subjects : 
First     *     *     * 
Second.     The  public  lands,  including  mines.     *     *     » 

§452,  Revised  Statutes. 

The  officers,  clerks,  and  employees  in  the  General  Land  Office 
are  prohibited  from  directly  or  indirectly  purchasing  or  becom- 
ing interested  in  the  purchase  of  any  of  the  public  lands;  and 
any  person  who  violates  this  section  shall  forthwith  be  removed 
from  his  office. 

§910,  Revised  Statutes. 

No  possessory  action  between  persons,  in  any  court  of  the 
United  States,  for  the  recovery  of  any  mining  title,  or  for  dam- 
ages to  any  such  title,  shall  be  affected  by  the  fact  that  the  para- 
mount title  to  the  land  in  which  such  mines  lie  is  in  he  United 
States ;  but  each  case  shall  be  adjudged  by  the  law  of  possession. 
{Act  February  27,  1865,  13  Stat.  441.) 

§1889,  Revised  Statutes. 

The  legislative  assemblies  of  the  several  Territories  shall  not 
grant  private  charters  or  especial  privileges,  but  they  may,  by 


94  MINING   STATUTES   OP   THE   UNITED  STATES 

general  incorporation  acts,  permit  persons  to  associate  themselves 
together  as  bodies  corporate  for   mining,    manufacturing,    and 
other  industrial  pursuits,  or  the  construction  or  operation  of  rail- 
roads, wagon  roads,  irrigating  ditches,  and  the  colonization  and 
improvement  of  lands  in  connection  therewith,  or  for  colleges, 
seminaries,  churches,  libraries,  or  any  benevolent,  charitable  or 
scientific  association. 
§1889,  Revised  Statutes,  Amended. 
An  Act  to  Prohibit  to  Passage  of  Local  Laws  in  the  Territories. 

That  section  1889  R.  S.  be  amended  to  read  as  follows : 
"SEC.  1889.  The  legislative  assemblies  of  the  several  Terri- 
tories shall  not  grant  private  charters  or  special  privileges,  but 
they  may,  by  general  incorporation  acts,  permit  persons  to  asso- 
ciate themselves  together  as  bodies  corporate  for  mining,  bank- 
ing, manufacturing,  or  other  industrial  pursuits,  or  the  con- 
struction and  operation  of  railroads,  wagon  roads,  canals,  or  irri- 
gating ditches,  and  the  colonization  and  improvement  of  lands  in 
connection  therewith,  or  for  colleges,  seminaries,  churches,  libra- 
ries, or  any  benevolent,  charitable,  or  scientific  association." 

(Act  Mar.  3,  1885,  23  Stat.  348.) 

******* 

SEC.  5.  That  section  1889  R.  S.  be  amended  to  read  as  follows : 
"SEC.  1889.  The  legislative  assemblies  of  the  several  Terri- 
tories shall  not  grant  private  charters  or  special  privileges,  but 
they  may,  by  general  incorporation  acts,  permit  persons  to  asso- 
ciate themselves  together  as  bodies  corporate  for  mining,  manu- 
facturing, and  other  industrial  pursuits,  and  for  conducting  the 
business  of  insurance,  banks  of  discount  and  deposits  (but  not  of 
issue)  loan,  trust,  and  guarantee  associations,  and  for  the  con- 
struction or  operation  of  railroads,  wagon  roads,  irrigating 
ditches,  and  the  colonization  and  improvement  of  lands  in  con- 
nection therewith,  or  for  colleges,  seminaries,  churches,  libraries, 
or  any  other  benevolent,  charitable,  or  scientific  association." 
(Act  of  July  30,  1886,  24  Stat.  171,  1  Supp.  R.  S.  503.) 
§2238,  Revised  Statutes. 
Registers  and  receivers,  in  addition  to  their  salaries,  shall  be 

allowed  each  the  following  fees  and  commissions,  namely : 

******* 

Ninth.  A  fee  of  $5  for  filing  and  acting  upon  each  applica- 
tion for  patent  or  adverse  claim  filed  for  mineral  lands,  to  be 
paid  by  the  respective  parties. 


MINING   STATUTES  OP   THE   UNITED  STATES  95 

§2258,  Revised  Statutes. 

5  Stat.  453-455,  September  4,  .1841. 

The  following  classes  of  lands,  unless  otherwise  specially  pro- 
vided for  by  law,  shall  not  be  subject  to  the  rights  of  preemption, 

to-wit : 

******* 

Fourth.  Lands  on  which  are  situated  any  known  salines  or 
mines. 

§2275  and  2276,  Revised  Statutes    (as  amended). 

26  Stat.  798,  February  28,  1891. 
An  Act  to  Amend  Sections  2275  and  2276  E.  S.  of  the  United 

States  Providing  for  the  Selection  of  Lands  for  Educational 

Purposes  in  Lieu  of  Those  Appropriated  for  Other  Purposes. 

Be  it  enacted,  etc.,  That  sections  2275  and  2276  E.  S.  of  the 

United  States  be  amended  to  read  as  follows : 

'  *  SEC.  2275.  Where  settlements  with  a  view  to  preemption  or 
homestead  have  been,  or  shall  hereafter  be  made,  before  the  sur- 
vey of  the  lands  in  the  field,  which  are  found  to  have  been  made 
on  sections  16  or  36,  those  sections  shall  be  subject  to  the  claims 
of  such  settlers ;  and  if  such  sections,  or  either  of  them,  have  been 
or  shall  be  granted,  reserved  or  pledged  for  the  use  of  schools 
or  colleges  in  the  State  or  Territory  in  which  they  lie,  other  lands 
of  equal  acreage  are  hereby  appropriated  and  granted,  and  may 
be  selected  by  said  State  or  Territory,  in  lieu  of  such  as  may  be 
thus  taken  by  preemption  or  homestead  settlers.  And  other 
lands  of  equal  acreage  are  also  hereby  appropriated  and  granted, 
and  may  be  selected  by  said  State  or  Territory  where  sections 
16  and  36  are  mineral  land,  or  are  included  within  any  Indian, 
military,  or  other  reservation,  or  are  otherwise  disposed  of  by 
the  United  States:  Provided,  Where  any  State  is  entitled  to 
said  sections  16  and  36,  or  where  said  sections  are  reserved  to  any 
Territory,  notwithstanding,  the  same  may  be  mineral  land  or 
embraced  within  a  military,  Indian,  or  other  reservation,  the  se- 
lection of  such  lands  in  lieu  thereof  by  said  State  or  Territory 
shall  be  a  waiver  of  its  right  to  said  sections.  And  other  lands 
of  equal  acreage  are  also  hereby  appropriated  and  granted,  and 
may  be  selected  by  said  State  or  Territory  to  compensate  de- 
ficiencies for  school  purposes,  where  sections  16  or  36  are  frac- 
tional in  quantity,  or  where  one  or  both  are  wanting  by  reason 
of  the  township  being  fractional,  or  from  any  natural  cause  what- 
ever. And  it  shall  be  the  duty  of  the  Secretary  of  the  Interior, 
without  awaiting  the  extension  of  the  public  surveys,  to  ascer 


96  MINING   STATUTES   OF   THE   UNITED  STATES 

tain  and  determine,  by  protraction  or  otherwise,  the  number  of 
townships  that  will  be  included  within  such  Indian,  military,  or 
other  reservations,  and  thereupon  the  State  or  Territory  shall 
be  entitled  to  select  indemnity  lands  to  the  extent  of  two  sections 
for  each  of  said  townships,  in  lieu  of  sections  16  and  36  therein ; 
but  such  selections  may  not  be  made  within  the  boundaries  of 
said  reservations :  Provided,  however,  That  nothing  herein  con- 
tained shall  prevent  any  State  or  Territory  from  awaiting  the 
extinguishment  of  any  such  military,  Indian,  or  other  reserva- 
tion and  the  restoration  of  the  lands  therein  embraced  to  the 
public  domain  and  then  taking  the  sections  16  and  36  in  place 
therein;  but  nothing  in  this  proviso  shall  be  construed  as  con- 
ferring any  right  not  now  existing. 

"SEC.  2276.  That  the  lands  appropriated  by  the  preceding 
section  shall  be  selected  from  any  unappropriated,  surveyed  pub- 
lic lands,  not  mineral  in  character,  within  the  State  or  Territory 
where  such  losses  or  deficiencies  of  school  sections  occur;  and 
where  the  selections  are  to  compensate  for  deficiencies  of  school 
lands  in  fractional  townships,  such  selections  shall  be  made  in 
accordance  with  the  following  principles  of  adjustment,  to  wit: 
For  each  township,  or  fractional  township,  containing  a  greater 
quantity  of  land  than  three-quarters  of  an  entire  township,  one 
section ;  for  a  fractional  township,  containing  a  greater  quantity 
of  land  than  one-half,  and  not  more  than  three-quarters  of  a 
township,  three-quarters  of  a  section ;  for  a  fractional  township, 
containing  a  greater  quantity  of  land  than  one-quarter,  and  not 
more  than  one-half  of  a  township,  one-half  section;  and  for  a 
fractional  township  containing  a  greater  quantity  of  land  than 
one.  entire  section,  and  not  more  than  one-quarter  of  a  township, 
one-quarter  section  of  land :  Provided,  That  the  States  or  Terri- 
tories which  are,  or  shall  be  entitled  to  both  the  sixteenth  and 
thirty-sixth  sections  in  place,  shall  have  the  right  to  select  double 
the  amounts  named,  to  compensate  for  deficiencies  of  school  land 
in  fractional  townships."  (Act  February  28,  1891.  26  Stat. 
796.) 
§2302,  Revised  Statutes. 

No  distinction  shall  be  made  in  the  construction  or  execution 
of  this  chapter  on  account  of  race  or  color;  nor  shall  any  min- 
eral lands  be  liable  to  entry  and  settlement  under  its  provisions. 
(Act  June  21,  1866,  14  Stat.  66,  p.  67.) 
§2362,  Revised  Statutes. 

The  Secretary  of  the  Interior  is  authorized,  upon  proof  being 


MINING   STATUTES   OF   THE   UNITED   STATES  97 

made,  to  his  satisfaction  that  any  tract  of  land  has  been  er- 
roneously sold  by  the  United  States,  so  that  from  any  cause  the 
sale  can  not  be  confirmed,  to  repay  to  the  purchaser,  or  to  his 
legal  representatives  or  assignees,  the  sum  of  money  which  was 
paid  therefor,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated. 

§2869,  Revised  Statutes. 

In  every  case  of  the  purchaser  of  public  lands,  at  private  sales, 
having  entered  at  the  land  office,  a  tract  different  from  that  he 
intended  to  purchase,  and  being  desirous  of  having  the  error  in 
his  entry  corrected,  he  shall  make  his  application  for  that  pur- 
pose to  the  register  of  the  land  office;  and  if  it  appears  from 
testimony  satisfactory  to  the  register  and  receiver,  that  an  error 
in  the  entry  has  been  made,  and  that  the  same  was  occasioned  by 
original  incorrect  marks  made  by  the  surveyor,  or  by  the  oblit- 
eration or  change  of  the  original  marks  and  numbers  at  corners 
of  the  tract  of  land ;  or  that  it  has  in  any  otherwise  arisen  from 
mistake  or  error  of  the  surveyor,  or  officers  of  the  land  office, 
the  register  and  receiver  shall  report  the  case,  with  the  testimony, 
and  their  opinion  thereon,  to  the  Secretary  of  the  Interior,  who 
is  authorized  to  direct  that  the  purchaser  is  at  liberty  to  with- 
draw the  entry  so  erroneously  made,  and  that  the  moneys  which 
have  been  paid  shall  be  applied  to  the  purchase  of  other  lands  in 
the  same  district,  or  credited  in  the  payment  for  other  lands 
which  have  been  purchased  at  the  same  office. 

§2370,  Revised  Statutes. 

The  provisions  of  the  preceding  section  are  declared  to  extend 
to  all  cases  where  patents  have  issued  or  may  hereafter  issue; 
upon  condition,  however,  that  the  party  concerned  surrenders 
his  patent  to  the  Commissioner  of  the  General  Land  Office,  with 
a  relinquishment  of  title  thereon  executed  in  a  form  to  be  pre- 
scribed by  the  Secretary  of  the  Interior. 

§2395,  Revised  Statutes. 

******* 

Seventh.  Every  surveyor  shall  note  in  his  field  book  the  true 
situations  of  all  mines,  salt  licks,  salt  springs,  and  mill  sites 
which  come  to  his  knowledge ;  all  watercourses  over  which  line  he 
runs  may  pass ;  and  also  the  quality  of  the  lands. 


98  MINING  STATUTES  OP  THE  UNITED  STATES 

§2401,  Revised  Statutes    (as  amended). 

28  Stat.  423,  August  2O,   1894. 

An  Act  to  Amend  Section  2401. 

"SEC.  2401.  When  the  settlers  in  any  township  not  mineral 
or  reserved  by  the  Government,  or  persons  and  associations  law- 
fully possessed  of  coal  lands  and  otherwise  qualified  to  make  en- 
try thereof,  or  when  the  owners  or  grantees  of  public  lands  of  the 
United  States,  under  any  law  thereof,  desire  a  survey  made  of 
the  same  under  the  authority  of  the  surveyor  general  and  shall 
file  an  application  therefor  in  writing,  and  shall  deposit  in  a 
proper  United  States  depository  to  the  credit  of  the  United 
States  a  sum  sufficient  to  pay  for  such  survey,  together  with  all 
expenditures  incident  thereto,  without  cost  or  claim  for  indem- 
nity on  the  United  States,  it  shall  be  lawful  for  the  surveyor  gen- 
eral, under  such  instructions  as  may  be  given  him  by  the  Com- 
missioner of  the  General  Land  Office,  and  in  accordance  with 
law,  to  survey  such  township  or  such  public  lands  owned  by  said 
grantees  of  the  Government,  and  make  return  therefor  to  the 
general  and  proper  local  land  office :  Provided,  That  no  appli- 
cation shall  be  granted  unless  the  township  so  proposed  to  be 
surveyed  is  within  the  range  of  the  regular  progress  of  the  pub- 
lic surveys  embraced  by  existing  standard  lines  or  bases  for 
township  and  subdivisional  surveys." 

§2402,  Revised  Statutes. 

The  deposit  of  money  in  a  proper  United  States  depository, 
under  the  provisions  of  the  preceding  section,  shall  be  deemed 
an  appropriation  of  the  sums  so  deposited  for  the  objects  con- 
templated by  that  section,  and  the  Secretary  of  the  Treasury  is 
authorized  to  cause  the  sums  so  deposited  to  be  placed  to  the 
credit  of  the  proper  appropriations  for  the  surveying  service; 
but  any  excesses  in  such  sums  over  and  above  the  actual  cost  of 
the  surveys,  comprising  all  expenses  incident  thereto,  for  which 
they  were  severally  deposited,  shall  be  repaid  to  the  depositors, 
respectively. 

§2403,  Revised  Statutes    (as  amended). 

28  Stat.  423,  August  20,   1894. 

An  Act  to  Amend  Section  2403. 
Be  it  enacted,  etc.    *     *     * 

SEC.  2.  That  section  2403  B.  S.  as  heretofore  amended  is 
hereby  amended  so  as  to  read  as  follows : 

"SEC.  2403.    Where  settlers  or  owners  or  grantees  of  public 


MINING  STATUTES  OP   THE   UNITED  STATES  99 

lands  make  deposits  in  accordance  with  the  provisions  of  section 
2401,  as  hereby  amended,  certificates  shall  be  issued  for  such 
deposits  which  may  be  used  by  settlers  in  part  payment  for  the 
lands  settled  upon  by  them,  the  survey  of  which  is  paid  for  out 
of  such  deposits,  or  said  certificates  may  be  assigned  by  indorse- 
ment and  may  be  received  by  the  Government  in  payment  for 
any  public  lands  of  the  United  States  in  the  States  where  the  sur- 
veys were  made,  entered  or  to  be  entered  under  the  laws  thereof. ' ' 

§2406,  Revised  Statutes. 

There  shall  be  no  further  geological  survey  by  the  Government 
unless  authorized  by  law.  The  public  surveys  shall  extend  over 
all  mineral  lands ;  and  all  subdividing  of  surveyed  lands  into  lots 
less  than  160  acres  may  be  done  by  county  and  local  surveyors  at 
the  expense  of  claimants;  but  nothing  in  this  section  contained 
shall  require  the  survey  of  waste  or  useless  lands. 

§2449,  Revised  Statutes. 

Where  lands  have  been  or  may  hereafter  be  granted  by  any 
law  of  Congress  to  any  one  of  the  several  States  and  Territories, 
and  where  such  law  does  not  convey  the  fee  simple  title  of  the 
land,  or  require  patents  to  be  issued  therefor,  the  list  of  such 
lands  which  have  been  or  may  hereafter  be  certified  by  the 
Commissioner  of  the  General  Land  Office,  under  the  seal  of  his 
office,  either  as  originals  or  copies  of  the  originals  or  records 
shall  be  regarded  as  conveying  the  fee  simple  of  all  the  lands  em- 
braced in  such  lists  that  are  of  the  character  contemplated  by 
such  act  of  Congress,  and  intended  to  be  granted  thereby;  but 
where  lands  embraced  in  such  lists  are  not  of  the  character  em- 
braced by  such  acts  of  Congress,  and  are  not  intended  to  be 
granted  thereby,  the  lists,  so  far  as  these  lands  are  concerned, 
shall  be  perfectly  null  and  void,  and  no  right,  title  claim,  or  in- 
terest shall  be  conveyed  thereby. 

§2450,  Revised  Statutes. 

The  Commissioner  of  the  General  Land  Office  is  authorized 
to  decide  upon  principles  of  equity  and  justice,  as  recognized  in 
courts  of  equity,  and  in  accordance  with  regulations  to  be  settled 
by  the  Secretary  of  the  Interior,  the  Attorney  General,  and  the 
Commissioner,  cojointly,  consistently  with  such  principles,  all 
cases  of  suspended  entries  of  public  lands  and  of  suspended  pre- 
emption land  claims,  and  to  adjudge  in  what  cases  patents  shall 
issue  upon  the  same. 


100  MINING  STATUTES  OF   THE  UNITED  STATES 

§2457,  Revised  Statutes. 

The  preceding  provisions  from  section  2450  to  section  2456,  in- 
clusive, shall  be  applicable  to  all  cases  of  suspended  entries  and 
locations,  which  have  arisen  in  the  General  Land  Office  since 
the  26th  day  of  June,  1856,  as  well  as  to  all  cases  of  a  similar 
kind  which  may  hereafter  occur,  embracing  as  well  locations  un- 
der bounty-land  warrants  as  ordinary  entries  or  sales,  including 
homestead  entries  and  preemption  locations  or  cases ;  where  the 
law  has  been  substantially  complied  with,  and  the  error  or  in- 
formality arose  from  ignorance,  accident,  or  mistake  which  is 
satisfactorily  explained ;  and  where  the  rights  of  no  other  claim- 
ant or  preemptor  are  prejudiced,  or  where  there  is  no  adverse 
claim. 

§2471,  Revised  Statutes. 

Every  person  who  falsely  makes,  alters,  forges,  or  counterfeits, 
or  causes  or  procures  to  be  falsely  made,  altered,  forged,  or  coun- 
terfeited ;  or  willingly  aids  and  assists  in  the  false  making,  alter- 
ing, forging,  or  counterfeiting  any  petition,  certificate,  order, 
report,  decree,  concession,  denouncement,  deed,  patent,  con- 
firmation, diseno,  map,  expediente  or  part  of  an  expediente,  or 
title  paper,  or  evidence  of  right,  title,  or  claim  to  lands,  mines,  or 
minerals  in  California,  or  any  instrument  of  writing  whatever  in 
relation  to  lands  or  mines  or  minerals  in  the  State  of  California, 
or  any  instrument  of  writing  whatever  in  relation  to  lands  or 
mines  or  minerals  in  the  State  of  California,  for  the  purpose  of 
setting  up  or  establishing  against  the  United  States  any  claim, 
right,  or  title  to  lands,  mines,  or  minerals  within  the  State  of 
California,  or  for  the  purpose  of  enabling  any  person  to  set  up 
or  establish  any  such  claim;  and  every  person,  who,  for  such 
purpose,  utters  or  publishes  as  true  and  genuine  any  such  false, 
forged,  altered,  or  counterfeited  petition,  certificate,  order,  re- 
port, decree,  concession,  denouncement,  deed,  patent,  confirma- 
tion, diseno,  map,  expediente  or  part  of  an  expediente,  title  paper, 
evidence  of  right,  title,  or  claim  to  lands  or  mines  or  minerals  in 
the  State  of  California,  or  any  instrument  of  writing  whatever  in 
relation  to  lands  or  mines  or  minerals  in  the  State  of  California, 
shall  be  punishable  by  imprisonment  at  hard  labor  not  less  than 
three  years  and  not  more  than  ten  years,  and  by  a  fine  of  not 
more  than  $10,000. 

§2472,  Revised  Statutes. 

Every  person  who  makes,  or  cau3es  or  procures  to  be  made,  or 


MINING   STATUTES   OP   THE   UNITED   STATES  101 

willingly  aids  and  assists  in  making  any  falsely  dated  petition, 
certificate,  order,  report,  decree,  concession,  denouncement,  deed, 
patent,  confirmation,  disefio,  map,  expediente  or  part  of  an  ex- 
pediente, or  any  title  paper,  or  written  evidence  of  right,  title,  or 
claim,  under  Mexican  authority,  to  any  lands,  mines,  or  minerals 
in  the  State  of  California,  or  any  instrument  of  writing  in  rela- 
tion to  lands  or  mines  or  minerals  in  the  State  of  California, 
having  a  false  date,  or  falsely  purporting  to  be  made  by  any 
Mexican  officer  or  authority  prior  to  the  7th  day  of  July,  1846, 
for  the  purpose  of  setting  up  or  establishing  any  claim  against 
the  United  States  for  lands  or  mines  or  minerals  within  the  State 
of  California,  or  of  enabling  any  person  to  set  up  or  establish 
any  such  claim;  and  every  person  who  signs  his  name  as  gover- 
nor, secretary,  or  other  public  officer  acting  under  Mexican  au- 
thority, to  any  instrument  of  writing  falsely  purporting  to  be 
a  grant,  concession,  or  denouncement  under  Mexican  authority 
and  during  its  existence  in  California,  of  lands,  mines,  or  min- 
erals, or  falsely  purporting  to  be  an  informer  report,  record,  con- 
firmation, or  other  proceeding  on  an  application  for  a  grant, 
concession,  or  denouncement  under  Mexican  authority,  during 
its  existence  in  California,  of  lands,  mines,  or  minerals,  shall  be 
punishable  as  prescribed  in  the  preceding  section. 
§2473,  Revised  Statutes. 

Every  person  who,  for  the  purpose  of  setting  up  or  establish- 
ing any  claim  against  the  United  States  to  lands,  mines,  or  min- 
erals within  the  State  of  California,  presents,  or  causes  or  pro- 
cures to  be  presented,  before  any  court,  judge,  commission,  or 
commissioner,  or  other  officer  of  the  United  States,  any  false, 
forged,  altered,  or  counterfeited  petition,  certificate,  order,  re- 
port, decree,  concession,  denouncement,  deed,  patent,  disefio, 
map,  expediente  or  part  of  an  expediente,  title  paper,  or  written 
evidence  of  right,  title,  or  claim  to  lands,  minerals,  or  mines  in 
the  State  of  California,  knowing  the  same  to  be  false,  forged,  al- 
tered, or  counterfeited,  or  any  falsely  dated  petition,  certificate, 
order,  report,  decree,  concession,  denouncement,  deed,  patent, 
confirmation,  diseno,  map,  expediente,  or  part  of  an  expediente, 
title  paper,  or  written  evidence  of  right,  title,  or  claim  to  lands, 
mines,  or  minerals  in  California,  knowing  the  same  to  be  falsely 
dated;  and  every  person  who  prosecutes  in  any  court  of  the 
United  States,  by  appeal  or  otherwise,  any  claim  against  the 
United  States  for  lands,  mines,  or  minerals  in  California,  which 
claim  is  founded  upon,  or  evidenced  by,  any  petition,  certificate, 


102  MINING   STATUTES   OF   THE   UNITED   STATES 

order,  report,  decree,  concession,  denouncement,  deed,  patent, 
confirmation,  diseno,  map,  expediente  or  part  of  an  expediente, 
title  paper,  or  written  evidence  of  right,  title  or  claim,  which  has 
been  forged,  altered,  counterfeited,  or  falsely  dated,  knowing  Hie 
same  to  be  forged,  altered,  counterfeited,  or  falsely  dated,  shall 
be  punishable  as  prescribed  in  section  2471. 

§2185,  Revised  Statutes. 

All  selections  of  any  portion  of  the  public  domain,  to  which 
no  homestead,  preemption  or  other  right  had  been  acquired  by 
any  settler  under  the  laws  of  the  United  States,  and  not  being 
mineral  land,  nor  reserved  for  naval,  military  or  Indian  purposes 
nor  held  or  claimed  under  any  valid  Mexican  or  Spanish  grant, 
and  not  included  within  the  limits  of  any  city,  town  or  village  or 
of  the  county  of  San  Francisco,  made  prior  to  the  23d  day  of 
July,  1866,  and  theretofore  sold  to  bona-fide  purchasers  by  the 
State  of  California,  are  confirmed  to  the  State  of  Caliofrnia: 
Provided,  however,  That  said  State  shall  not  receive  any  greater 
quantity  of  land  for  school  or  improvement  purposes  than  she  is 
entitled  to  by  law. 

§5412,  Revised  Statutes. 

Every  person  who  secretly  or  fraudulently  places,  or  causes  to 
be  placed,  in  or  among  the  archives  of  the  surveyor  general's 
office  in  California,  any  expediente,  book,  paper,  diseno,  map, 
draught,  record,  or  any  instrument  of  writing  purporting  to  be 
a  petition,  decree,  order,  report,  concession,  grant,  confirmation, 
map,  diseno,  expediente  or  part  of  an  expediente,  denouncement, 
title  paper,  or  evidence  of  right,  title,  or  claim  to  any  land,  mine, 
or  mineral,  or  any  book,  writing,  paper,  or  document  whatever, 
shall  pay  a  fine  of  not  more  than  $5,000,  or  be  imprisoned  for  a 
term  not  more  than  three  years;  or  be  both  fined  and  impris- 
oned within  such  limits. 

GUANO  DEPOSITS  ACTS. 
§5570,  Revised  Statutes. 

Whenever  any  citizen  of  the  United  States  discovers  a  deposit 
of  guano  on  any  island,  rock,  or  key,  not  within  the  lawful  juris- 
dictii  n  of  any  other  Government,  and  not  occupied  by  the  citi- 
zens of  any  other  Government,  and  takes  peaceable  possession 
thereof,  and  occupies  the  same,  such  island,  rock,  or  key  may,  at 
the  discretion  of  the  President,  be  considered  as  appertaining  to 
the  United  States.  (Original  act.  Aug.  18,  1856;  (11  Stat. 
119.) 


MINING  STATUTES   OP   THE  UNITED  STATES  103 

§5571,  Revised  Statutes. 

The  discoverer  shall,  as  soon  as  practicable,  give  notice,  veri- 
fied by  affidavit,  to  the  Department  of  State,  of  such  discovery, 
occupation,  and  possession,  describing  the  island,  rock,  or  key, 
and  the  latitude  and  longitude  thereof,  as  near  as  may  be,  and 
showing  that  such  possession  was  taken  in  the  name  of  the  Unit- 
ed States;  and  shall  furnish  satisfactory  evidence  to  the  State 
Department  that  such  island,  rock,  or  key  was  not,  at  the  time 
of  the  discovery  thereof,  or  of  the  taking  possession  and  occupa- 
tion thereof  by  the  claimants,  in  the  possession  or  occupation  of 
any  other  Government  or  of  the  citizens  of  any  other  Govern- 
ment, before  the  same  shall  be  considered  as  appertaining  to  the 
United  States. 

§5572,  Revised  Statutes. 

If  the  discoverer  dies  before  perfecting  proof  of  discovery  or 
fully  complying  with  the  provisions  of  the  preceding  section,  his 
widow,  heir,  executor,  or  administrator,  shall  be  entitled  to  the 
benefits  of  such  discovery,  upon  complying  with  the  provisions 
of  this  title ;  but  nothing  herein  shall  be  held  to  impair  any  rights 
of  discovery  or  any  assignment  by  a  discoverer  heretofore  rec- 
ognized by  the  United  States. 

(Amendatory  act,  April  2,  1872:  17  Stat.  48.) 

§5573,  Revised  Statutes. 

The  discoverer,  or  his  assigns,  being  citizens  of  the  United 
States,  may  be  allowed,  at  the  pleasure  of  Congress,  the  exclu- 
sive right  of  occupying  such  island,  rock,  or  keys,  for  the  pur- 
pose of  obtaining  guano,  and  of  selling  and  delivering  the  same 
to  citizens  of  the  United  States,  to  be  used  therein,  and  may  be 
allowed  to  charge  and  receive  for  every  ton  thereof  delivered 
alongside  a  vessel,  in  proper  tubs,  within  reach  of  ship's  tackle, 
a  sum  not  exceeding  $8  per  ton  for  the  best  quality,  or  $4  for 
every  ton  taken  while  in  its  native  place  of  deposit. 

§5574,  Revised  Statutes. 

No  guano  shall  be  taken  from  any  such  island,  rock,  or  key, 
except  for  the  use  of  the  citizens  of  the  United  States  or  of  per- 
sons resident  therein.  The  discoverer,  or  his  widow,  heir,  ex- 
ecutor, administrator,  or  assigns,  shall  enter  into  bond,  in  such 
penalty  and  with  such  sureties  as  may  be  required  by  the  Presi- 
dent, to  deliver  the  guano  to  citizens  of  the  United  States,  for 
the  purpose  of  being  used  therein,  and  to  none  others,  and  at  the 
price  prescribed,  and  to  provide  all  necessary  facilities  for  that 


104  MINING   STATUTES   OF   THE   UNITED   STATES 

purpose  within  a  time  to  be  fixed  in  the  bond :  and  any  breach  of 
the  provisions  thereof  shall  be  deemed  a  forfeiture  of  all  rights 
accruing  under  and  by  virtue  of  this  title.  This  section  shall, 
however,  be  suspended  in  relation  to  all  persons  who  have  com- 
plied with  the  provisions  of  this  title,  for  five  years  from  and  af- 
ter the  14th  day  of  July,  1872. 

§5575,  Revised  Statutes. 

The  introduction  of  guano  from  such  island,  rocks,  or  keysr 
shall  be  regulated  as  in  the  coasting  trade  between  different 
parts  of  the  United  States,  and  the  same  laws  shall  govern  the 
vessels  concerned  therein. 

§5576,  Revised  Statutes. 

All  acts  done  and  offenses  or  crimes  committed,  on  any  such 
island,  rock,  or  key,  by  persons  who  may  land  thereon,  or  in  the 
waters  adjacent  thereto,  shall  be  deemed  committed  on  the  high 
seas,  on  board  a  merchant  vessel  belonging  to  the  United  States ; 
and  shall  be  punished  according  to  the  laws  of  the  United  States 
relating  to  such  ships  or  vessels  and  offenses  on  the  high  seas, 
which  laws  for  the  purpose  aforesaid  are  extended  over  such  isl- 
ands, rocks,  and  keys. 

§5577,  Revised  Statutes. 

The  President  is  authorized,  at  his  discretion,  to  employ  the 
land  and  naval  forces  of  the  United  States  to  protect  the  rights 
of  the  discoverer  or  of  his  widow,  heir,  executor,  administrator, 
or  assigns. 

§5578,  Revised  Statutes. 

Nothing  in  this  title  contained  shall  be  construed  as  obliging 
the  United  States  to  retain  possession  of  the  islands,  rocks,  or 
keys,  after  the  guano  shall  have  been  removed  from  the  same. 

17   Stat.  48,   April  2,   1872. 
ORIGINAL  GUANO  ACT— AMENDMENT. 

An  Act  to  Amend  an  Act  Entitled  "An  Act  to  Authorize  Pro- 
tection to  be  Given  to  Citizens  of  the  United  States  Who  May 
Discover  Deposits  of  Guano/'  Approved  August  18,  1856  (11 
Stat.  119;  R.  S.  5570,  et  seq.) 

Be  it  enacted,  etc.,  That  the  provisions  of  the  act  of  Congress 
approved  August  18,  1856,  entitled  "An  act  to  authorize  protec- 
tion to  be  given  to  citizens  of  the  United  States  who  may  dis- 
cover deposits  of  guano, ' '  be,  and  the  same  are  hereby,  extended 


MINING  STATUTES  OP  THE  UNITED  STATES        105 

to  the  widow,  heirs,  executors,  or  administrators  of  such  dis- 
coverer, where  such  discoverer  shall  have  died  before  perfecting 
proof  of  discovery  or  fully  complying  with  the  provisions  of 
said  act  approved  as  aforesaid,  after  complying  with  the  re- 
quirements of  the  act  of  Congress  of  August  18,  1865 :  Provided, 
That  nothing  herein  contained  shall  be  held  to  impair  any  rights 
of  discovery  or  any  assignment  by  a  discoverer  heretofore  rec- 
ognized by  the  Government  of  the  United  States. 

SEC.  2.  That  section  3  of  an  act  approved  July  28,  1866  (14 
Stat.  328),  entitled  "An  act  to  protect  the  revenue,  and  for  other 
purposes,  amendatory  of  the  act  aforesaid,  approved  August  18, 
1856,  be,  and  the  same  is  hereby,  amended  by  striking  out  the 
word  "five,"  wherever  the  same  occurs,  and  inserting  in  lieu 
thereof  the  word  "ten." 

§5595,  Revised  Statutes. 

The  foregoing  73  titles  embrace  the  statutes  of  the  United 
States,  general  and  permanent  in  their  nature,  in  force  on  the 
1st  day  of  December,  1873,  as  revised  and  consolidated  by  com- 
missioners appointed  under  an  act  of  Congress,  and  the  same 
shall  be  designated  and  cited,  as  the  Revised  Statutes  of  the 
United  States. 

§5596,  Revised  Statutes. 

All  acts  of  Congress  passed  prior  to  said  1st  day  of  December, 
1873,  any  portion  of  which  is  embraced  in  any  section  of  said 
revision,  are  hereby  repealed,  and  the  section  applicable  thereto 
shall  be  in  force  in  lieu  thereof;  all  parts  of  such  acts  not  con- 
tained in  such  revision,  having  been  repealed  or  superseded  by 
subsequent  acts,  or  not  being  general  or  permanent  in  their  na- 
ture: Provided,  That  the  incorporation  in  the  said  revision  of 
any  general  and  permanent  provision,  taken  from  an  act  making 
appropriations,  or  from  an  act  containing  other  provisions  of  a 
private,  local,  or  temporary  character,  shall  not  repeal,  or  in  any 
way  affect  any  approriation,  or  any  provision  of  a  private,  lo- 
cal or  temporary  character  contained  in  any  of  said  acts,  but 
the  same  shall  remain  in  force ;  and  all  acts  of  Congress  passed 
prior  to  said  last-named  day  no  part  of  which  are  embraced  in 
said  revision,  shall  not  be  affected  or  changed  by  its  enactment. 


INDEX 

MINING  STATUTES  OP  NEW  MEXICO. 

Page 

Actions — Contests — Possession   13 

Coal  Mines    22 

Constitution  of  New  Mexico.  Article  XVII 51 

Gas  and  Oil 36 

Inspector  of  Mines 51 

Lands,  State   40 

Lakes,  Salt   54 

Mines — 

Abandonment — Annual  Labor — Location,  etc 7 

Coal   22 

Miscellaneous  Mining  Regulations,  etc 33 

Mills  and  Smelters,  Records 17 

Mine  Inspector 51 

New  Mexico  School  of  Mines,  The 37 

New  Mexico  Constitution,  Article  XVII 51 

Oil  and  Gas 36 

Record  of  Mills  and  Smelters 17 

Rights-of-Way 19 

Salt  Lakes 54 

School  of  Mines 37 

State  Lands 40 

Smelters  and  Mills,  Record 17 

MINING  STATUTES  OP  UNITED  STATES. 

Amendment  to  Mining  Act  of  1872 72 

Coal  Lands — Agricultural  Entries 90 

Disposal    84 

Disposal — Amendment    84 

Miscellaneous  Sections   88 

Original  Act 85 

Sale — Coal  Reserved 92 

Guano  Deposits  Acts 102 

"       Amendment  to  Original  Act 104 

Mining  Act — Revision   64 

Miscellaneous  Mining  Sections 93 

Occupation — Mineral  Lands 62 

Original  Mining  Act 59 

"     Amendment  to   62 

Revised  Statutes 73 

Sections  Relating  to  Metalliferous  Mining 73 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


